In re AIMCO, INC., FAIR LABOR STANDARDS ACT LITIGATION.
MDL No. 1915.United States Judicial Panel on Multidistrict Litigation.
February 14, 2008.ORDER DENYING TRANSFER
JOHN G. HEYBURN II, Chairman.
Before the entire Panel[*]: Plaintiffs in all actions move, pursuant to 28 U.S.C. § 1407, for coordinated or consolidated pretrial proceedings of this litigation in the District of District of Columbia. Defendants Apartment Investment and Management Co.; NHP Management Co.; AICO/Bethesda Holdings, Inc.; and AIMCO Properties, L.P. (collectively AIMCO) oppose the motion.
This litigation currently consists of three actions each in the Northern District of California and District of Maryland, respectively, and one action each in twenty other districts throughout the nation as listed on Schedule A. Plaintiffs are or were employed as hourly-paid maintenance workers by AIMCO in various apartment communities throughout the country who had opted into a conditionally certified collective action in the District of District of Columbia action before the Panel. After the court in that action granted the defendants' motion to decertify, plaintiffs filed the remaining 25 actions encompassed by their motion for transfer.
On the basis of the papers filed and hearing session held, we are not persuaded that Section 1407 centralization would serve the convenience of the parties and witnesses or further the just and efficient conduct of this litigation. Discovery on common factual issues occurred in the underlying action, which gave rise to the other actions presently before the Panel following decertification. The proponents of centralization have failed to convince us that any remaining and unresolved common questions of fact among these actions are sufficiently complex and/or numerous to justify Section 1407 transfer at this time. The common counsel in all actions can avail themselves of alternatives to transfer that may minimize whatever possibilities there might be of duplicative discovery and/or inconsistent pretrial rulings. See, e.g., In re Eli Lilly and Co. (Cephalexin Monohydrate) Patent Litigation, 446 F. Supp. 242, 244 (Jud.Pan.Mult.Lit.1978); see also Manual for Complex Litigation, Fourth, § 20.14 (2004).
IT IS THEREFORE ORDERED that the motion for transfer, pursuant to 28 U.S.C. § 1407, is denied.
SCHEDULE A
MDL No. 1915 IN RE: AIMCO, INC., FAIR LABOR STANDARDS ACT LITIGATION
Northern District of Alabama
Paul Bone, et al. v. Apartment Investment & Management Co., et al., C.A. No. 2:07-1311
District of Arizona
Kevin Boland et al. v. Apartment Investment & Management Co., et al., C.A. No. 2:07-1370
Northern District of California
Joseph Dominguez, et al. v. Apartment Investment & Management Co., et al., C.A. No. 3:05-4824
Joseph Dominguez, et al. v. AIMCO Properties, L.P., et al., C.A. No. 3:07-3245
Kenneth Campbell, et al. v. Apartment Investment & Management Co., et al., C.A. No. 3:07-3640
District of Colorado
Mark Hill, et al. v. Apartment Investment & Management Co., et al., C.A. No. 1:07-1492
District of District of Columbia
William T. Chase, et al. v. AIMCO Properties, L.P., et al., C.A. No. 1:03-1683
Middle District of Florida
William Angulo, et al. v. Apartment Investment & Management Co., et al., C.A. No. 3:07-643
Northern District of Georgia
Ricky Thomas, et al. v. Apartment Investment & Management Co., et al., C.A. No. 1:07-1638
Northern District of Illinois
Travis Bishop, Jr., et al. v. Apartment Investment & Management Co., et al., C.A. No. 1:07-3952
Southern District of Indiana
Gable Common, et al. v. Apartment Investment & Management Co., et al., C.A. No. 1:07-921
Western District of Kentucky
Robert Randolph, et al. v. Apartment Investment & Management Co., et al., C.A. No. 3:07-371
District of Maryland
Marvin Barton, et al. v. Apartment Investment & Management Co., et al., C.A. No. 8:06-192
William T. Chase, et al. v. AIMCO Properties, L.P., et al., C.A. No. 8:07-1394
Wendell Aceituno, et al. v. Apartment Investment & Management Co., et al., C.A. No. 8:07-1869
Eastern District of Michigan
Michael Birchett, Jr., et al. v. Apartment Investment & Management Co., et al., C.A. No. 2:07-12939
Western District of Missouri
Johnny Conner, et al. v. Apartment Investment & Management Co., et al., C.A. No. 4:07-502
District of New Jersey
Linda Hulse, et al. v. Apartment Investment & Management Co., et al., C.A. No. 3:07-3256
Southern District of New York
John Galloway, et al. v. Apartment Investment & Management Co., et al., C.A. No. 1:07-6435
Western District of North Carolina
Samuel Crawford, et al. v. Apartment Investment & Management Co., et al., C.A. No. 3:07-274
Southern District of Ohio
Derrick Davis, et al. v. Apartment Investment & Management Co., et al., C.A. No. 1:07-542
Eastern District of Pennsylvania
Gilbert Mitchell, et al. v. Apartment Investment & Management Co., et al., C.A. No. 2:07-2915
District of South Carolina
Harold Cordle, et al. v. Apartment Investment & Management Co., et al., C.A. No. 7:07-2175
Middle District of Tennessee
Barry Burns, et al. v. Apartment Investment & Management Co., et al., C.A. No. 3:07-746
Eastern District of Texas
Christopher Bell v. Apartment Investment & Management Co., et al., C.A. No. 2:07-291
Western District of Virginia
Laurence Dunbar, et al v. Apartment Investment & Management Co., et al., C.A. No. 3:07-34
NOTES
[*] Judge Hansen took no part in the decision of this matter.