In Re Indian Motorcycle Bankruptcy & Receivership Litigation
This text of 206 F. Supp. 2d 1365 (In Re Indian Motorcycle Bankruptcy & Receivership Litigation) is published on Counsel Stack Legal Research, covering United States Judicial Panel on Multidistrict Litigation primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER DENYING TRANSFER
This litigation consists of seven purported civil actions listed on the attached Schedule A and pending in two federal districts as follows: six actions pending in the District of Massachusetts and one action pending in the District of Colorado. Plaintiff in the Colorado action moves the Panel, pursuant to 28 U.S.C. § 1407, for an order centralizing this litigation in the District of Colorado. All responding parties oppose the motion.
On the basis of the papers filed and hearing session held, the Panel finds that Section 1407 centralization would neither serve the convenience of the parties and witnesses nor further the just and efficient *1366 conduct of this litigation. Movant has failed to persuade us that any common questions of fact and law are sufficiently complex, unresolved and/or numerous to justify Section 1407 transfer in this docket in which certain constituent matters have been pending for nearly nine years. We point out that alternatives to transfer exist that can minimize whatever possibilities there might otherwise be of duplicative discovery and/or inconsistent pretrial rulings. See, e.g., In re Eli Lilly and Company (Cephalexin Monohydrate) Patent Litigation, 446 F.Supp. 242, 244 (Jud.Pan. Mult.Lit.1978). See also Manual for Complex Litigation, Third, § 31.14 (1995).
IT IS THEREFORE ORDERED that the motion, pursuant to 28 U.S.C. § 1407, for centralization of the matters listed on Schedule A is denied.
SCHEDULE A
MDL-14,69 — In re Indian Motorcycle Bankruptcy and Receivership Litigation
District of Colorado
In re Indian Motorcycle Manufacturing, Inc. Receivership & Concerning the United States of America, C.A. No. 1:95-777
District of Massachusetts
In re Indian Motocycle Co., Inc., Bky. No. 4:93-41954
In re Indian Motocycle Apparel & Accessories Co., Inc., Bky. No. 4:93-41955
In re Indian Motocycle Manufacturing Co., Inc., Bky. No. 4:94-42288
United States of America v. Sterling Consulting Corp., et al., BAP No. 4:00-94
Sterling Consulting Corp., et al. v. Internal Revenue Service, C.A. No. 4:01-40180
Sterling Consulting Corp., et al. v. Internal Revenue Service, C.A. No. 4:02-40027
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206 F. Supp. 2d 1365, 2002 U.S. Dist. LEXIS 11201, 2002 WL 1363645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-indian-motorcycle-bankruptcy-receivership-litigation-jpml-2002.