In Re Midpoint Development, LLC, Litigation

341 F. Supp. 2d 1353, 2004 U.S. Dist. LEXIS 21129, 2004 WL 2421583
CourtUnited States Judicial Panel on Multidistrict Litigation
DecidedOctober 18, 2004
DocketMDL-1637
StatusPublished

This text of 341 F. Supp. 2d 1353 (In Re Midpoint Development, LLC, 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.

Bluebook
In Re Midpoint Development, LLC, Litigation, 341 F. Supp. 2d 1353, 2004 U.S. Dist. LEXIS 21129, 2004 WL 2421583 (jpml 2004).

Opinion

ORDER DENYING TRANSFER

WM. TERRELL HODGES, Chairman.

This litigation currently consists of the five actions listed on the attached Schedule A and pending in three districts as follows: two actions each in the Northern District of Mississippi and the Western District of Oklahoma and one action in the Northern District of Texas. Meridith R. Brown and related entities 1 move the Panel, pursuant to 28 U.S.C. § 1407, for an order centralizing this litigation in the Western District of Oklahoma. Responding party Lucien Crosland supports Section 1407 centralization, but suggests either the Northern District of Texas or the Northern District of Mississippi as transferee district. All other responding parties oppose transfer. 2

On the basis of the papers filed and hearing session held, the Panel is not persuaded that these actions share sufficient common questions of fact to warrant Section 1407 transfer and that centralization would serve the convenience of the parties and witnesses or further the just and efficient conduct of this litigation.

IT IS THEREFORE ORDERED that the motion, pursuant to 28 U.S.C. § 1407, for centralization of the actions listed on Schedule A is denied.

SCHEDULE A

MDL-16S7 — In re Midpoint Development, LLC, Litigation

Northern District of Mississippi

Meridith Brown, et al. v. Supertrail Manufacturing Co., Inc., et al., Bky. Advy. No. 1:02-1265

Meridith Brown, et al. v. Supertrail Manufacturing Co., Inc., et al., Bky. Advy. No. 1:02-1283

Western District of Oklahoma

Midpoint Construction, Inc. v. Lucien B. Crosland, et al., C.A. No. 5:02-904

Judy Circo, etc. v. Bayhills Development Co., Inc., et al., C.A. No. 5:03-1292

Northern District of Texas

Meridith Brown, et al. v. Toile, Ltd., et al., C.A. No. 3:04-1405

1

. Midpoint Construction, Inc.; Midpoint Development, L.L.C.; Bay Hills Development Company, Inc.; Decatur Asset Management, L.L.C.; Offshore Island Investment, Inc.; Belle Isle Consulting, Inc.; and Wildewood Executive Park, Inc.

2

. Supertrail Manufacturing Company, Inc., and Craig Geno; Mustafa Atac; the 1990 Grieser Trust; and Claudia Holliman.

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Related

Multidistrict litigation
28 U.S.C. § 1407

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Bluebook (online)
341 F. Supp. 2d 1353, 2004 U.S. Dist. LEXIS 21129, 2004 WL 2421583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-midpoint-development-llc-litigation-jpml-2004.