Opinion
Docket No. 1429, C.A. No. 2:02-73
August 12, 2002
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 one Southern District of Mississippi action to vacate the Panel's order conditionally transferring the action to the District of South Carolina for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket. Defendant American General Life and Accident Insurance Company (American General) opposes the motion to vacate and favors inclusion of the action in MDL-1429.
On the basis of the papers filed and hearing session held, the Panel finds that this action involves common questions of fact with the actions in this litigation previously transferred to the District of South Carolina, and that transfer of the action to the District of South Carolina 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 this 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 South Carolina was the proper Section 1407 forum for actions involving allegations pertaining to the unlawful sale and administration of industrial life insurance policies by American General and its agents. See In re American General Life and Accident Insurance Co. Industrial Life Insurance Litigation, 175 F. Supp.2d 1380 (J.P.M.L. 2001).
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, Chester Lee Johnson, et al. v. American General Life Accident Insurance Co., et al., S.D. Mississippi, C.A. No. 2:02-73, is transferred to the District of South Carolina and, with the consent of that court, assigned to the Honorable Cameron McGowan Currie for inclusion in the coordinated or consolidated pretrial