Opinion
DOCKET NO. 1390, C.A. No. 2:01-901
July 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 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 eight Middle District of Alabama actions, two Northern District of Alabama actions, three Southern District of Alabama actions, one Middle District of Georgia action, and one Northern District of Mississippi action to vacate the Panel's orders conditionally transferring the actions to the Eastern District of Louisiana for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket. Defendant Life Insurance Company of Georgia (Life of Georgia) and nine individual defendants variously named in the actions oppose the motions to vacate and favor inclusion of the actions in MDL-1390.
On the basis of the papers filed and hearing session held, the Panel finds that these fifteen actions involve common questions of fact with the actions in this litigation previously transferred to the Eastern District of Louisiana, and that transfer of these actions to the Eastern District of Louisiana 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 these actions 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 Louisiana was the proper Section 1407 forum for actions involving claims pertaining to the alleged unlawful sale and administration of industrial life insurance policies by Life of Georgia and its agents. See In re Life Insurance Co. of Georgia Industrial Life Insurance Litigation, MDL-1390, 2001 U.S. Dist. LEXIS 1483 (J.P.M.L. Feb. 7, 2001). We note that the motion to remand to state court pending in each action 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 fifteen actions are transferred to the Eastern District of Louisiana and, with the consent of that court, assigned to the Honorable Martin L. C. Feldman for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket.