Opinion
Docket No. 1337, C.A. No. 1:01-2741
August 8, 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 a Southern District of New York action (Wortham) to vacate the Panel's order conditionally transferring the action to the District of New Jersey for inclusion in the centralized pretrial proceedings established there in this docket before Judge William G. Bassler. The action's three remaining defendants support transfer.
On the basis of the papers filed and hearing session held, the Panel finds that Wortham involves common questions of fact with actions in this litigation previously transferred to the District of New Jersey, and that transfer of the action to that district for inclusion in the coordinated or consolidated pretrial proceedings established there will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. The Panel rejects any suggestion by plaintiffs that the status of proceedings in this docket limits either our authority or the transferee judge's authority under Section 1407 in this matter.
The Panel is persuaded that transfer of Wortham is appropriate for reasons expressed by the Panel in its original order directing centralization in this docket, wherein the Panel held that the District of New Jersey was the proper Section 1407 forum for certain actions that i) involved common allegations pertaining to events arising out of Nazi rule in Germany, ii) were linked to an important international diplomatic agreement between the United States and the Federal Republic of Germany, and in) promised to present significant common factual and legal issues pertaining to threshold jurisdictional questions and/or the settlement and dismissal of the actions pursuant to the terms of the international agreement. See In re Holocaust Era German Industry, Bank Insurance Litigation, MDL-1337, 2000 U.S. Dist. LEXIS 11650 (Aug. 4, 2000). In particular, we note that a threshold question appears to exist in Wortham regarding which defendants, if any, are to be construed as German entities as that term is defined in the international agreement. We further observe that whenever the transferee judge deems remand of any claim or action appropriate, procedures are available whereby this may be accomplished with a minimum of delay. See Rule 7.6, R.P.J.P.M.L., 199 F.R.D. at 436-38. Indeed, upon the transferee judge's suggestion, the Panel has already effected Section 1407 remand of two actions after the transferee judge, following the dismissal in the transferee district of certain defendants, concluded that all remaining defendants were Austrian companies that need not continue to be included within the scope of MDL-1337. These remands were effected within two months of the Section 1407 transfers of the two actions. We are confident that Judge Bassler will continue to promptly review arguments for returning transferred actions or claims therein to their transferor courts and will take all appropriate steps to assure their speedy return whenever he is convinced that retention in the MDL- 1337 proceedings is no longer needed.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, Martin G. Wortham, et al. v. Karstadtquelle AG, et al., S.D. New York, C.A. No. 1:01-2741, is transferred to the District of New Jersey and, with the consent of that court, assigned to the Honorable William G. Bassler for inclusion in the coordinated or consolidated pretrial proceedings established there in this docket.