Opinion
No. 176.
October 16, 1974.
Before ALFRED P. MURRAH, Chairman, and JOHN MINOR WISDOM, EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER,fn_ JOSEPH S. LORD, III and STANLEY A. WEIGEL, Judges of the Panel.
Judges Murrah and Becker were unable to attend the Panel hearing and, therefore, took no part in the consideration or decision of this matter.
Judge Weigel recused himself and took no part in the consideration or decision of this matter.
OPINION AND ORDER
On January 30, 1974, a Pan American World Airways commercial aircraft, manufactured by the Boeing Company, crashed while on approach for landing at Pago Pago, American Samoa. Twenty-eight actions arising out of the crash have been filed in four different districts. Certain plaintiffs move to have all actions stemming from the crash transferred to the Central District of California for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. All responding parties favor the transfer of these actions to a single district for such pretrial proceedings.
We find that these actions involve common questions of fact and that their transfer to the Central District of California, pursuant to Section 1407, will best serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.
The sole dispute amongst the parties is which forum is the most appropriate transferee district. All of the plaintiffs favor the Central District of California. They argue that the aircraft involved in this litigation was certified by the Federal Aviation Administration, Western Regional Branch, headquartered in the Los Angeles area, and that many of the relevant documents, files, records and witnesses dealing with the certification question are located there.
The Boeing Company contends that all actions should be transferred to the Western District of Washington, where the relevant witnesses and documents relating to plaintiffs' claims of alleged defective design and manufacture of the aircraft are situated. As an alternative, Pan American argues that all actions should be transferred to the Northern District of California, where Pan American performed servicing and maintenance on the aircraft and trained its crews.
It can fairly be said that any of these three districts could be designated as the transferee forum for this litigation without seriously inconveniencing any of the parties or their witnesses. But there are several considerations influencing the efficient conduct of this litigation that warrant transfer of all actions to the Central District of California. Pursuant to 28 U.S.C. § 292(b), the Chief Judge of the Ninth Circuit has designated Senior Judge Peirson M. Hall of the Central District of California to sit as a district judge in both the Northern District of California and the Western District of Washington and has assigned to him all actions in those districts and in the Central District of California arising out of this air crash for purposes of pretrial and trial proceedings. If we were to transfer all actions in this litigation to either the Northern District of California or the Western District of Washington, Judge Hall would, of course, receive the Section 1407 assignment. Judge Hall, however, with the cooperation of all counsel, has established a discovery schedule for all actions now pending before him and is busily supervising the litigation from his chambers in Los Angeles. Therefore, while transfer of all actions to the Central District of California would not unduly inconvenience any of the parties or their witnesses, it would be most convenient to Judge Hall because he will be able to conduct all of his pretrial conferences in Los Angeles.
A Section 1407 order, of course, only applies to pretrial proceedings.
Moreover, all pleadings and other papers in connection with this litigation are presently sent to Judge Hall in Los Angeles. A Section 1407 transfer of all actions to any district other than the Central District of California would require two separate files to be maintained, one in Los Angeles for Judge Hall's convenience and another in the transferee district, and would generally disrupt the orderly system heretofore established by Judge Hall to supervise the pretrial processing of this litigation.
It is therefore ordered that all actions listed on the attached Schedule A pending in districts other than the Central District of California be, and the same hereby are, transferred to the Central District of California and, with the consent of that court, assigned to the Honorable Peirson M. Hall for coordinated or consolidated pretrial proceedings under 28 U.S.C. § 1407 with the actions listed on Schedule A and pending in that district.
SCHEDULE A Central District of California
Pamela Frances Hoffman, et Civil Action al. v. Pan American World No. CV-74-676-PMH Airways, Inc., et al.
National Bank of Commerce, Civil Action etc. v. Pan American World No. CV-74-677-PMH Airways, Inc., et al.
Cathy Ann Giles, etc. v. Pan Civil Action American World Airways, Inc., No. CV-74-424-PMH et al.
Dick A. Smith v. Pan American Civil Action World Airways, Inc., et No. CV-74-606-PMH al.
Robert Peyton v. The Boeing Civil Action Co. No. CV-74-830-PMH
Laurence B. Green, et al. v. Civil Action Pan American World Airways, No. CV-74-957-PMH Inc., et al.
Michael Joseph Havlick, et al. Civil Action v. Pan American World Airways, No. CV-74-1125-PMH et al.
Chong Wong, et ux. v. Pan Civil Action American World Airways, et No. CV-74-1220-PMH al.
Chief Tanuvasa Saifolio Amperosa, Civil Action et al. v. Pan American No. CV-74-1221-PMH World Airways, et al.
Tuipala Sale, et ux. v. Pan Civil Action American World Airways, Inc., No. CV-74-1222-PMH et al.
Valelia Anu'u v. Pan American Civil Action World Airways, Inc., et No. CV-74-1223-PMH al.
Chief Tiatia Tiololo, et al. v. Civil Action Pan American World Airways, No. CV-74-1224-PMH Inc., et al.
Saulo Setali v. Pan American Civil Action World Airways, Inc., et al. No. CV-74-1225-PMH
Molly Allen v. Pan American Civil Action World Airways, Inc., et al. No. CV-74-1226-PMH
Chief Tagaloa Mikaleae Ahkam, Civil Action et al. v. Pan American No. CV-74-1227-PMH World Airways, Inc., et al.
Roger Cann, etc. v. Pan Civil Action American World Airways, Inc., No. CV-74-1345-PMH et al.
Janet P. Bonham, et al. v. Civil Action Pan American World Airways, No. CV-74-1346-PMH Inc., et al.
Yvette Cotte, et al. v. The Civil Action Boeing Co. No. CV-74-1362-PMH
Robert H. Kinderman, Jr., et Civil Action al. v. Pan American World No. CV-74-1468-PMH Airways, Inc., et al.
Selwyn N. Hetherington, etc. Civil Action v. Pan American World Airways, No. CV-74-1481-PMH Inc., et al.
Hermann Muenster, et al. v. Civil Action Pan American World Airways, No. CV-74-1494-PMH Inc., et al.
Anitele'a Matautia, et al. v. Civil Action Pan American World Airways, No. CV-74-1539-PMH Inc., et al.
Northern District of California
Vuna Pahulu, et al. v. Pan Civil Action American World Airways, Inc., No. C74-555-SAW et al.
Dean Arthur Phillips, et al. Civil Action v. The Boeing Co. No. C74-1228-RHS
Richard V. Gaines II, et al. v. Civil Action The Boeing Co. No. C74-1227-RHS
Western District of Washington
National Bank of Commerce Civil Action v. Pan American World Airways, No. C74-166S Inc., et al.
District of Utah
Pamela Frances Hoffman, et Civil Action al. v. Betty Petersen, et al. No. C-74-141
National Bank of Commerce, Civil Action etc. v. Betty Petersen, et al. No. C-74-142