Opinion
Docket No. 1179, No. 2:02-641
August 9, 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 plaintiff ma Western District of Pennsylvania action (Brown) to vacate the Panel's order conditionally transferring Brown to the Eastern District of Missouri for inclusion in the centralized pretrial proceedings occurring there in this docket before Judge Catherine D. Perry. Defendant General American Life Insurance Co. (General) supports transfer.
On the basis of the papers filed and hearing session held, the Panel finds that Brown involves common questions of fact with actions in this litigation previously transferred to the Eastern District of Missouri, and that transfer of the action to that district for inclusion in the coordinated or consolidated pretrial proceedings occurring there will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. The Panel is persuaded that transfer of Brown 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 Missouri was the proper Section 1407 forum for actions involving allegations that deceptive life insurance sales practices occurred or were encouraged as a result of defendant General's conduct. See In re General American Life Insurance Company Sales Practices Litigation, MDL-1179 (J.P.M.L. May 28, 1997) (unpublished order).
Plaintiff based part of her opposition to transfer on her contention that transfer should be denied, or at the very least deferred, because federal jurisdiction was lacking in Brown. She urged the Panel not to order transfer before her motion to remand to state court was resolved by the transferor court. We note that on June 28, 2002, her motion to remand to state court was denied by the magistrate judge to whom Brown has been referred in the Western District of Pennsylvania.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, Carol Louise Brown v. General American Life Insurance Co., et al., W.D. Pennsylvania, C.A. No. 2:02-641, is transferred to the Eastern District of Missouri and, with the consent of that court, assigned to the Honorable Catherine D. Perry for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket.