Opinion
Docket No. 1373, C.A. No. 3:02-271
August 13, 2002
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 one Southern District of Georgia action and two Southern District of Mississippi actions requesting the Panel to vacate its orders conditionally transferring the actions to the Southern District of Indiana for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket. Defendants Bridgestone/Firestone North American Tires LLC f/k/a Bridgestone/Firestone, Inc. (Firestone) and Ford Motor Company (Ford) oppose the motions to vacate in the two Southern District of Mississippi actions and favor inclusion of these actions in MDL-1373. Similarly, Firestone opposes the motion to vacate in the Southern District of Georgia action. The Hertz Corporation also opposes the motion to vacate in the Southern District of Mississippi action in which it is named as a defendant.
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 Southern District of Indiana, and that transfer of these three actions to the Southern District of Indiana 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. Like the previously centralized actions, the three present actions involve allegations that Firestone and/or Ford are responsible for harm or risk of harm caused by defective tires, defective vehicles, or both, including economic or property damage and personal injury or wrongful death. Relevant discovery, including expert testimony, will overlap substantially in each action. The Panel further finds that transfer of these three actions is appropriate for reasons expressed by the Panel in its original order directing centralization in this docket. See In re Bridgestone/Firestone, Inc., ATX, ATX II and Wilderness Tires Products Liability Litigation, MDL-1373, 2000 U.S. Dist. LEXIS 15926 (J.P.M.L. Oct. 24, 2000). We note that any motions for remand to state court 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 Prudential Insurance Company of America Sales Practices Litigation, 170 F. Supp.2d 1346, 1347-48 (J.P.M.L. 2001).
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, these three actions are transferred to the Southern District of Indiana and, with the consent of that court, assigned to the Honorable Sarah Evans Barker for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket.