In Re Certainteed Corp. Roofing Shingle Products Liability Litigation

474 F. Supp. 2d 1357, 2007 U.S. Dist. LEXIS 30995, 2007 WL 549356

• Court: United States Judicial Panel on Multidistrict Litigation
• Decided: February 15, 2007
• Docket: MDL No. 2909
• Status: Published

Opinion

TRANSFER ORDER

J. FREDERICK MOTZ, Acting Chairman.

This litigation currently consists of two actions in the Eastern District of Pennsylvania and one action each in the Northern District of Illinois, Southern District of Iowa, Western District of Kentucky, Eastern District of Michigan, District of Minnesota, and Western District of Wisconsin as listed on Schedule A. 1 Before the Panel is a motion, pursuant to 28 U.S.C. § 1407, brought by plaintiff in one Eastern District of Pennsylvania action for coordinated or consolidated pretrial proceedings of these actions in the Eastern District of Pennsylvania. Common defendant Cer-tainTeed Corp. (CertainTeed) supports the motion for transfer. Plaintiffs in the sec ond Eastern District of Pennsylvania action also support the motion, but, in the event the Panel should decline to order transfer to the Eastern District of Pennsylvania, also suggest the Southern District of Iowa or the District of Minnesota as an appropriate transferee district.

On the basis of the papers filed and hearing session held, the Panel finds that these eight actions involve common questions of fact, and that centralization of the actions under Section 1407 in the Eastern District of Pennsylvania will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. The MDL-1817 actions are overlapping putative class actions brought on behalf of owners of buildings with allegedly defective roofing shingles manufactured, warranted, and distributed by CertainTeed. Plaintiffs assert claims of negligence and products liability, among other causes of action, arising from the affected roofing shingles and the resultant property damage alleged. Centralization under Section 1407 is necessary in order to eliminate duplicative discovery; prevent inconsistent pretrial rulings, particularly with respect to issues of class certification; and conserve the resources of the parties, their counsel and the judiciary.

Given the agreement of all moving and responding parties to transfer under Section 1407 to the Eastern District of Pennsylvania, this district stands out as an appropriate transferee forum for this litigation. This district encompasses the headquarters of the common defendant and its business unit responsible for shingle products, while two of the eight actions, both of which are putative nationwide class actions, are already pending there before one judge. Centralization in this forum also permits the Panel to effect the Section 1407 assignment to an experienced transferee judge who can steer this litigation on a steady and expeditious course.

IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the actions listed on Schedule A and pending outside the Eastern District of Pennsylvania are transferred to the Eastern District of Pennsylvania and, with the consent of that court, assigned to the Honorable Louis H. Poliak for coordinated or consolidated pretrial proceedings with the actions pending there and listed on Schedule A.

SCHEDULE A

MDL-1817—In re CertainTeed Corp. Roofing Shingle Products Liability Litigation

Northern Distnct of Illinois

Dawn Lynn Johnson v. CertainTeed Corp., C.A. No. 1:06-4864

Southern District of Iowa

Dean Conrad v. CertainTeed Corp., C.A. No. 4:06-420

Western Distnct of Kentucky

Tina Fitzner v. CertainTeed Corp., C.A. No. 3:06-488

Eastern Distnct of Michigan

David Butz, et al. v. CertainTeed Corp., C.A. No. 2:06-14357

Distnct of Minnesota

Gerald Brenden, et al. v. CertainTeed Corp., C.A. No. 0:06-3579

Eastern District of Pennsylvania

Catherine Barrett v. CertainTeed Corp., C.A. No. 2:06—4117

Roger Dunker, et al. v. CertainTeed Corp., C.A. No. 2:06-4243

Western District of Wisconsin

Nancy Hollis, et al. v. CertainTeed Corp., C.A. No. 3:06-525

1 . The Panel has been notified of five related actions. In light of the Panel’s disposition of this docket, these actions will be treated as potential tag-along actions. See Rules 7.4 and 7.5, R.P.J.P.M.L., 199 F.R.D. 425, 435-36 (2001).