Opinion
DOCKET NO. 1179, C.A. No. 1:01-848
April 17, 2002
WILLIAM 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 three Southern District of Alabama actions to vacate the Panel's order conditionally transferring their actions 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 these three actions involve common questions of fact with actions in this litigation previously transferred to the Eastern District of Missouri, and that transfer of the actions 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 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 See In re General American Life Insurance Company Sales Practices Litigation, MDL-1179 (J.P.M.L. May 28, 1997) (unpublished order).
Plaintiffs argue that Section 1407 transfer should be denied, or at the very least deferred, because the federal courts lack jurisdiction. These parties urge the Panel not to order transfer before their motions to remand to state court are resolved by the transferor court. We note, however, that such motions can be presented to and decided by the transferee judge. 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 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.