In Re Sepracor Inc. Fair Labor Standards Act (Flsa) Litigation.

Judicial Panel on Multidistrict Litigation

In Re Sepracor Inc. Fair Labor Standards Act (Flsa) Litigation.

629 F. Supp. 2d 1356, 2009 U.S. Dist. LEXIS 94027, 2009 WL 1833967

CourtUnited States Judicial Panel on Multidistrict Litigation

DecidedJune 24, 2009

DocketMDL 2039

StatusPublished

Cited by4 cases

This text of 629 F. Supp. 2d 1356 (In Re Sepracor Inc. Fair Labor Standards Act (Flsa) 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.

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In Re Sepracor Inc. Fair Labor Standards Act (Flsa) Litigation., 629 F. Supp. 2d 1356, 2009 U.S. Dist. LEXIS 94027, 2009 WL 1833967 (jpml 2009).

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Opinion

TRANSFER ORDER

JOHN G. HEYBURN II, Chairman.

Before the entire Panel: Defendant Sepracor Inc. (Sepracor) has moved, pursuant to 28 U.S.C. § 1407, for coordinated or consolidated pretrial proceedings of this litigation in the Middle District of Florida or, alternatively, the District of Massachusetts. Plaintiffs in the District of Arizona action oppose the motion or, alternatively, suggest centralization in the District of Arizona.

This litigation currently consists of two actions pending in two districts, one action each in the District of Arizona and the Middle District of Florida.

On the basis of the papers filed and hearing session held, we find that these actions involve common questions of fact, and that centralization under Section 1407 in the District of Arizona will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. Each action brings claims under the Fair Labor Standards Act of 1938, and each alleges that defendants avoided paying overtime to employees classified as “pharmaceutical sales representatives.” Centralization under Section 1407 will eliminate duplicative discovery; prevent inconsistent pretrial rulings; and conserve the resources of the parties, their counsel and the judiciary.

We are persuaded that the District of Arizona is an appropriate transferee forum for this litigation, because the first-filed action is pending there and discovery is well underway in that action.

IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the action pending in the Middle District of Florida is transferred to the District of Arizona and, *1357 with the consent of that court, assigned to the Honorable David G. Campbell for coordinated or consolidated pretrial proceedings with the action pending there.

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TRANSFER ORDER

JOHN G. HEYBURN II, Chairman.

Before the entire Panel: Defendant Sepracor Inc. (Sepracor) has moved, pursuant to 28 U.S.C. § 1407, for coordinated or consolidated pretrial proceedings of this litigation in the Middle District of Florida or, alternatively, the District of Massachusetts. Plaintiffs in the District of Arizona action oppose the motion or, alternatively, suggest centralization in the District of Arizona.

This litigation currently consists of two actions pending in two districts, one action each in the District of Arizona and the Middle District of Florida.

On the basis of the papers filed and hearing session held, we find that these actions involve common questions of fact, and that centralization under Section 1407 in the District of Arizona will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. Each action brings claims under the Fair Labor Standards Act of 1938, and each alleges that defendants avoided paying overtime to employees classified as “pharmaceutical sales representatives.” Centralization under Section 1407 will eliminate duplicative discovery; prevent inconsistent pretrial rulings; and conserve the resources of the parties, their counsel and the judiciary.

We are persuaded that the District of Arizona is an appropriate transferee forum for this litigation, because the first-filed action is pending there and discovery is well underway in that action.

IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the action pending in the Middle District of Florida is transferred to the District of Arizona and, *1357 with the consent of that court, assigned to the Honorable David G. Campbell for coordinated or consolidated pretrial proceedings with the action pending there.

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629 F. Supp. 2d 1356, 2009 U.S. Dist. LEXIS 94027, 2009 WL 1833967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sepracor-inc-fair-labor-standards-act-flsa-litigation-jpml-2009.

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