Opinion
CV11- 8322 DSF (PLAx)
10-12-2011
BALBIR SINGH v. CITIMORTGAGE, INC.
Judicial Panel on Multidistrict Litigation
One Columbus Circle, N.E.
Federal Judiciary Building, Room G-255
Washington, D.C. 20002
Re: MDL 2274
In Re: CITlMORTGAGE. INC. HOME AFFORDABLE
Dear Clerk of the Panel:
Please be advised the above-mentioned case:
[ ] was transferred to the U.S. District Court __________ District of __________. (A copy of the certified conditional transfer order and MDL Transfer-Out Letter are enclosed.)
[×] this district has requested the U.S. District Court Eastern District of California to transfer their case number 2:11 -CV-00793. We assigned the above referenced case number to this file. (Copy of the conditional transfer order and MDL Trasfer-In letter are enclosed.)
[ ] was remanded to the U.S. District Court __________ District of __________. (Copy of the conditional transfer order and MDL Trasfer-Out letter are enclosed.)
[ ] was closed on __________. (Copy of the closing order is enclosed.)
[ ] was filed in this Court on __________ and may be a possible tag-along action. (Copy of the complaint and docket sheet are enclosed.)
Should you need an further information, please do not hesitate to contact us.
Sincerely,
Clerk, U.S. District Court
By: __________
Deputy Clerk
Enclosures as stated Dear Sir/Madam:
An order having been made by the Judicial Panel on Multi-district Litigation transferring the above-numbered case to this district and assigning Judge Dale S. Fischer to preside over this litigation, we are transmitting herewith a certified copy of the conditional transfer order from
the MDL Panel. We have assigned the following case number to this case: CV11- 8322 DSF (PLAx) Please include reference to this case number when the case file is sent to this district.
Please electronically send the case file to __________ @cacd.uscourts.gov. We would appreciate receiving the case file as soon as possible. Thank you for your cooperation.
Very truly yours,
Clerk, U.S. District Court
By: __________
Deputy Clerk
cc: All counsel on the attorney service list
Clerk, MDL Panel
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
This case has been assigned to District Judge Dale S. Fischer and the assigned discovery Magistrate Judge is Paul Abrams.
The case number on all documents filed with the Court should read as follows:
CV11- 8322 DSF (PLAx)
Pursuant to General Order 05-07 of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions.
All discovery related motions should be noticed on the calendar of the Magistrate Judge
NOTICE TO COUNSEL
A copy of this notice must be served with the summons and complaint on all defendants (if a removal action filed, a copy of this notice must be served on all plaintiffs).
Subsequent documents must be filed at the following location:
[×] Western Division
312 N. Spring St., Rm. G-8
Los Angeles, CA 90012
[ ] Southern Division
411 West Fourth St., Rm. 1-053
Santa Ana, CA 92701-4516
[ ] Eastern Division
3470 Twelfth St., Rm. 134
Riverside, CA 92501
Failure to file at the proper location will result in your documents being returned to you.
UNITED STATES JUDICIAL PANEL
on
MULTIDISTRICT LITIGATION
IN RE: CITIMORTGAGE, INC., HOME AFFORDABLE MODIFICATION PROGRAM (HAMP) CONTRACT LITIGATION
2:ll-cv-08322-DSF -PLA
Balbir Singh v. CitiMortgage, Inc.
TRANSFER ORDER
MDL No. 2274
Before the Panel: Pursuant to 28 U.S.C. § 1407, defendant CitiMortgage, Inc. (Citi) moves to centralize this litigation in the Northern District of Illinois or the Eastern District of Missouri. This litigation currently consists of eight actions pending in six districts, as listed on Schedule A. All responding parties agree that centralization is appropriate, but suggest centralization in the District of Massachusetts, the Central District of California, or the Eastern District of California. Citi considers the Central District of California the most appropriate transferee district if the Panel does not centralize these actions in a geographically central jurisdiction.
Judge W. Royal Furgeson, Jr. took no part in the decision of this matter.
Two additional actions pending in the Southern District of Iowa and the Southern District of New York were originally included on the motion for centralization, but have since been dismissed.
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On the basis of the papers filed and hearing session held, we find that these actions involve common questions of fact, and that centralization in the Central District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. These actions share factual questions arising out of allegations that Citi regularly fails to comply with the terms of the Home Affordable Modification Program (HAMP) and has breached contracts with the plaintiffs by failing to permanently modify plaintiffs' mortgages under HAMP. Centralization will eliminate duplicative discovery; prevent inconsistent pretrial rulings, including with respect to class certification; and conserve the resources of the parties, their counsel, and the judiciary. Centralization is also consistent with our decision in In re Bank of Am. Home Affordable Modification Program (HAMP) Contract Litig., 746 F. Supp. 2d 1359 (J.P.M.L. 2010).
We are persuaded that the Central District of California is the most appropriate transferee district. Four first-filed actions have been consolidated and are proceeding in that district before Judge Dale S. Fischer, an experienced transferee judge who is not currently presiding over an MDL. Moreover, defendant and some plaintiffs support centralization in this district.
IT IS THEREFORE ORDERED that pursuant to 28 U.S.C. § 1407, the actions listed on Schedule A and pending outside the Central District of California are transferred to the Central District of California and, with the consent of that court, assigned to the Honorable Dale S. Fischer for coordinated or consolidated pretrial proceedings with the action pending there and listed on Schedule A.
PANEL ON MULTIDISTRICT LITIGATION
John G. Heyburn II
Chairman
Kathryn H. Vratil
Barbara S. Jones
Marjorie O. Rendell
Frank C. Damrell, Jr.
Paul J. Barbadoro
SCHEDULE A
Central District of California
Beverly King, et al. v. CitiMortgage, Inc., CA. No. 2:10-03792
Eastern District of California
Balbir Singh v. CitiMortgage, Inc., CA. No. 2:11-00793
Northern District of Illinois
Leslie Barry, et al. v. CitiMortgage, Inc., CA. No. 1:11-02918
District of Massachusetts
Davidson Calfee, et al. v. CitiMortgage, Inc., CA. No. 1:10-12051
District of New Jersey
Juan Silva, et al. v. CitiMortage, Inc., CA. No. 2:11-01432
Jo Ann Gastineau v. CitiMortgage, Inc., CA. No. 3:11-02773
Eastern District of Pennsylvania
William T. Whiting v. CitiMortgage, Inc., CA. No. 2:11-02318
David G. Derosa, et al. v. CitiMortgage, Inc., CA. No. 2:11-02914