Opinion
C.A. No. 4:01-244, Docket No. 1390.
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 is a motion brought, pursuant to Rule 7.4, R.P.J.P.M.L., 199 F.R.D. 425, 435-36 (2001), by plaintiffs in this Northern District of Mississippi action to vacate the Panel's order conditionally transferring the action to the Eastern District of Louisiana for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket. Defendant Life Insurance Company of Georgia (Life of Georgia) opposes the motion to vacate and favors inclusion of the action in MDL-1390.
On the basis of the papers filed and hearing session held, the Panel finds that the action involves common questions of fact with the actions in this litigation previously transferred to the Eastern District of Louisiana, and that transfer of the action 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 action 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 Life of Georgia and its agents. See In re Life Insurance Co. of Georgia Industrial Life Insurance Litigation, MDL-1390, 2001 U.S. Dist. LEXIS 1483 (J.P.M.L. Feb. 7, 2001). We note that the motion to remand to state court pending in the action 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, Gertrude Garvis, et al. v. Life Insurance Co. of Georgia, et al., N.D. Mississippi, C.A. No. 4:01-244, is 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.