In re AMERICAN GENERAL FINANCE, INC., Credit Insurance Litigation, 217 F. Supp. 2d 1374
Opinion
ORDER DENYING TRANSFER WILLIAM TERRELL HODGES, Chairman. This litigation consists of twenty actions pending in the Southern District of Mississippi and two actions pending in the Northern District of Mississippi as listed on the attached
Schedule A. Defendants American General Finance, Inc.; Merit Life Insurance Co.; Yosemite Insurance Co.; and Thomas Edgeworth move the Panel, pursuant to 28 U.S.C. § 1407, for coordinated or consolidated pretrial proceedings of the 22 actions in this litigation in the Southern District of Mississippi, or, alternatively, the Northern District of Mississippi. All responding plaintiffs oppose the motion. On the basis of the papers filed and hearing session held, the Panel declines to order
Section 1407 centralization. Mov-ants have failed to persuade us that transfer under
Section 1407 is justified in this docket in which all actions are pending in adjacent federal districts within one state. We point out that alternatives to
Section 1407 transfer exist, including cooperative management of these actions by the involved judges, that can minimize whatever possibilities there might be of duplicative discovery, inconsistent pretrial rulings, or both. See, e.g., In re Chromated Copper Arsenate (CCA) Treated Wood Products Liability Litigation, 188 F.Supp.2d 1380 (Jud.Pan.Mult.Lit.2002); 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 these actions is denied.
SCHEDULE A MDL-1473 — In re American General Finance, Inc., Credit Insurance Litigation Northern District of Mississippi Willie E. Latham, et al. v. American General Finance, Inc., C.A. No. 1:01— 462 Johnnie Archer, et al. v. Gary Castle, et al., C.A. No. 1:02-95 Southern District of Mississippi Genevia Keyes v. American General Finance, Inc., C.A. No. 2:02-27 John D. Starcher, et al. v. American General Finance, Inc., et al., C.A. No. 2:02-62 Rhonda L. Aaron, et al. v. American General Finance Inc., et al., C.A. No. 2:02-63 Debbie Cross, et al. v. American General Finance, Inc., C.A. No. 3:00-832 Clay Rodgers v.
American General Finance, Inc., et al., C.A. No. 3:01-599 Willie Mae Ambers, et al. v. American General Finance, Inc., C.A. No. 3:01-872 Christine Harris, et al. v. Thomas L. Edgeworth, C.A. No. 3:02-57 Oda M. Green, et al. v. American General Finance, Inc., et al., C.A. No. 3:02-121 Dinnishaw Gamble, et al. v. American General Finance, Inc., et al., C.A. No. 3:02-210 Edna Keys, et al. v. American General Finance, Inc., et al., C.A. No. 3:02-211 Georgia Shorter, et al. v. American General Finance, Inc., et al., C.A. No. 3:02-212 Margaret Anderson, et al. v. American General Finance, Inc., et al., C.A.
No. 3:02-213 Katina Banks, et al. v. American General Finance, Inc., et al., C.A. No. 3:02-214 Colleen Johnson, et al. v. American General Finance, Inc., C.A. No. 4:02-62 John Conner, et al. v. Merit Life Insurance Co., et al., C.A. No. 5:01-149 James O. Carter, et al. v. American General Finance, Inc., et al., C.A. No. 5:01-152 Sharon Rankin, et al. v. American General Finance, Inc., et al., C.A. No. 5:02-6 Tony R. Bailey, Sr., et al. v. American General Finance, Inc., C.A. No. 5:02-7 Elnora Barnes v. Thomas L. Edgeworth, et al., C.A. No. 5:02-56 Jerry D. Carter, et al. v.
American General Finance, Inc., et al., C.A. No. 5:02-68
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