Opinion
C.A. No. 4:01-200, Docket No. 1382.
April 8, 2002
BEFORE WM. TERRELL HODGES, CHAIRMAN, JOHN F. KEENAN, MOREY L. SEAR, BRUCE M. SELYA, JULIA SMITH GIBBONS, D. LOWELL JENSEN AND J. FREDERICK MOTZ, JUDGES OF THE PANEL
TRANSFER ORDER
Before the Panel are motions brought, pursuant to Rule 7.4, R.P.J.P.M.L., 199 F.R.D. 425, 435-36 (2001), by plaintiffs in two Northern District of Mississippi actions and one Southern District of Mississippi action. These plaintiffs request that the Panel vacate its orders conditionally transferring the actions to the Eastern District of Louisiana for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket. With respect to the Southern District of Mississippi action, defendants Unitrin, Inc. (Unitrin); Union National Life Insurance Company; and United Insurance Company of America oppose the motion to vacate and favor inclusion of the action in MDL-1382.
On the basis of the papers filed and hearing session held, the Panel finds that these three actions involve common questions of fact with the actions in this litigation previously transferred to the Eastern District of Louisiana, and that transfer of the actions to the Eastern District of Louisiana for inclusion in the coordinated or consolidated pretrial proceedings in that district will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. The Panel further finds that transfer of the actions is appropriate for reasons expressed by the Panel in its original order directing centralization in this docket. The Panel held that the Eastern District of Louisiana was the proper Section 1407 forum for actions involving claims pertaining to the unlawful sale and administration of industrial life insurance policies by Unitrin, its related entities, and its agents. See In re Unitrin, Inc., Industrial Life Insurance Litigation, MDL-1382, 2000 U.S. Dist. LEXIS 19742 (J.P.M.L. Dec. 6, 2000). We note that the motions to remand to state court pending in the actions can be presented to and decided by the transferee court. 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).
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, these three actions are transferred to the Eastern District of Louisiana and, with the consent of that court, assigned to the Honorable Martin L. C. Feldman for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket.