In re Prudential Ins. Co. of America Sales Pract.
| Decision Date | 15 August 2001 |
| Docket Number | No. MDL-1061.,MDL-1061. |
| Citation | 170 F.Supp.2d 1346 |
| Parties | In re PRUDENTIAL INSURANCE COMPANY OF AMERICA SALES PRACTICES LITIGATION Joe W. Uresti v. Prudential Insurance Co. of America, et al., |
| Court | Judicial Panel on Multidistrict Litigation |
BEFORE HODGES, Chairman, KEENAN, SEAR, SELYA,* GIBBONS, JENSEN and MOTZ, Judges of the Panel.
TRANSFER ORDER
Before the Panel is a motion brought, pursuant to Rule 7.4, R.P.J .P.M.L., 199 F.R.D. 425, 435-36 (2001), by plaintiff in a Western District of Texas action (Uresti) to vacate the Panel's order conditionally transferring the action to the District of New Jersey for inclusion in the centralized pretrial proceedings occurring there in this docket before Judge Alfred M. Wolin. Defendant, The Prudential Insurance Company of America (Prudential), supports transfer of Uresti.
On the basis of the papers filed and hearing session held, the Panel finds that Uresti involves common questions of fact with actions in this litigation previously transferred to the District of New Jersey, and that transfer of the action to that district for inclusion in the coordinated or consolidated pretrial proceedings occurring there will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. The Panel is persuaded that transfer of the action is appropriate for reasons expressed by the Panel in its original order directing centralization in this docket. The Panel held that the District of New Jersey was the proper forum for actions involving allegations that deceptive life insurance sales practices occurred or were encouraged as a result of defendant Prudential's conduct. See In re Prudential Insurance Company of America Sales Practices Litigation, MDL-1061 (J.P.M.L. August 3, 1995) (unpublished order). We note also that there is disagreement between the parties concerning whether and to what extent the plaintiff's assertion of claims in Uresti is precluded by the MDL-1061 class settlement. Such a matter is particularly appropriate for resolution by the transferee court.
The plaintiff premises part of his opposition to transfer on the pendency in his action of a motion to remand to state court. He urges the Panel not to order transfer before the motion is resolved by the transferor court. We note, first, that remand motions can be presented to and decided by the transferee judge. See, e.g., In re Ivy, 901 F.2d 7 (2nd Cir.1990); In re Air Crash Disaster at Florida Everglades on December 29, 1972, 368 F.Supp. 812, 813 (J.P.M.L.1973). Furthermore, there is no need to delay transfer in order to accommodate any interest of the transferor court in resolving a pending...
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