IN RE: Multidistrict Civil Actions Involving the Air Crash Disaster Near San Juan, Puerto Rico Air on March 5, 1969

Case MDL No. 47 Document 2 Filed 04/30/15 Page 1 of 6
. JUDICIAL PANEL ON ) BE
| : MULTIDISTRICT LITIGATION a I
| FILED ES :
THE JUDICIAL PANEL | AUG & oa IEON ) Lb uy Cea,
MULTIDISTRICT LITIGATION - CEEeNd
it PATRICIA D. Howarp, a e_ E a
i LLERK OF THE pang) EE REESE
IN RE SAN JUAN, PUERTO RICO AIR ) 4CRASH DISASTER LITIGATION ) DOCKET NO. 47 :
OPINION AND ORDER oo : oo
BEFORE ALFRED P. MURRAH, CHAIRMAN, AND JOHN MINOR WISDOM, LES So EE
EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH Sa
S. LORD, III, AND STANLEY A. WEIGEL*, JUDGES OF THE PANEL Po
PER CURIAM .
On April 30, 1970, the United States filed a motion mT
to transfer certain actions in which it was a defendant to the CT
District of Puerto Rico for coordinated or consolidated pretrial ET
proceedings under 28 U.S.C. §1407. Puerto Rican International oe oo
Airlines (PRINAIR) then requested that several additional oo Sa
actions in which the United States was not a party also be con- oC
sidered for transfer under section 1407. A total of 27 actions EE
are now pending in five different district courts. See .
Schedule A. All arise from the Puerto Rican International hy a
Airlines crash near San Juan, Puerto Rico, on March 5, 1969 in EE
which twenty persons were killed. oo :
All parties agree that the transfer of these actions
to the District of Puerto Rico for coordinated or consolidated Co ‘
* Although he was unable to attend the May 22, 1970 hearing Lo : oo
in Washington, D. C., Judge Weigel has, with the consent of :
all parties, participated in this decision.

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Pa
® pretrial proceedings will promote the just and efficient
conduct of this litigation and will serve the convenience
of the parties and their witnesses. We are satisfied that
there are substantial common questions of fact relating to
the cause of the crash to justify the transfer of all related
actions to the District of Puerto Rico under Section 1407.
Certain plaintiffs urge that these proceedings be
limited to discovery relating to liability and that issues
relating to damages be left to the transferor courts. We will
not so restrict the transferee judge for we think it more
. conducive to effective judicial management to allow him to
determine which issues are appropriate for coordinated
o or consolidated pretrial proceedings and which should be
reserved for further proceedings following remand. =
One of the plaintiffs, while favoring transfer under
1407, makes the unusual request that we provide in our order
"for the payment by the United States Government of the
necessary travel expenses incurred by counsel . . . in
connection with pretrial discovery proceedings". Counsel for
the plaintiff conceded at oral argument that in the absence of
1/ We expect that discovery as to damages, if permitted at all,
would be limited to ''damage interrogatories" and we think it
inconceivable, as was suggested during oral argument, that
medical witnesses residing in Pennsylvania would be required in
this or any similar situation to appear in a foreign jurisdiction
for deposition purposes.
®

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® transfer he would undoubtedly be required to travel to Puerto
Rico for depositions and other discovery in order to properly
prepare his case for trial. It would seem then that his real
concern is the possibility that frequent trips to Puerto Rico
could be required for motion practice, pretrial conferences
and other matters which would not be necessary if the actions
are not transferred. Although we share counsels' concern
over the high cost of travel to Puerto Rico, we are confident
that pretrial proceedings will be scheduled and conducted so
that such trips will be kept to the minimum necessary for the
proper conduct of this multidistrict litigation.2/
Due to the already heavy docket in the District of
® Puerto Rico and the declared preference of both judges of that
district not to participate in this litigation to avoid any
possible conflict of interest, we have found it necessary to
make arrangements for an outside judge to conduct these pre-
trial proceedings. With the typically fine cooperation of all
involved, Judge Edward Weinfeld of the Southern District of
New York has been temporarily designated to serve in the
District of Puerto Rico for the purpose of conducting coordi-
2] Expenses can be reduced by following a procedure frequently
employed in the Electrical Equipment (Cases which permits an
attorney who does attend depositions to make full use of them.
Manual for Complex and Multidistrict Litigation, section 2.31.
PA See, also, Footnote 3, infra.

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nated or consolidated pretrial proceedings in this multi-
district litigation.
IT IS THEREFORE ORDERED that the actions listed on
Schedule A pending in other districts be and they are hereby
transferred to the District of Puerto Rico and with the
written consent of that court all related actions are assigned
to the Honorable Edward Weinfeld for coordinated or consoli-
dated pretrial proceedings under section 1407.
3] Where it is appropriate to transfer litigation to a district
with an unusually heavy caseload, it is frequently necessary to
secure an outside judge to conduct coordinated or consolidated
pretrial proceedings. See, for example, In re Seeburg-Commonwealth
United Litigation, F. Supp. and In re Silver Bridge
Disaster Litigation, F. Supp. (JPML 1970). It is then
sometimes appropriate for the transferee judge to conduct certain
proceedings in his own district. Such a procedure might be
@ useful in this litigation.

Case MDL No. 47 Document 2 Filed 04/30/15 Page 5 of 6
C SCHEDULE A | DOCKET NO. 47
SOUTHERN DISTRICT OF NEW YORK
Great American Insurance Co., etc. Vv. Civil Action
United States of America No. 70 Civ 1008
EASTERN DISTRICT OF PENNSYLVANIA
Donna Marie Jafolla, etc. v. United Civil Action
States of America No. 70-608
MIDDLE DISTRICT OF PENNSYLVANIA
Michael J. Hudacek, etc. v. United Civil Action
States of America No. 70-55
Michael J. Hudacek, etc. v. United Civil Action
States of America No. 70-56
First National Bank of Wilkes-Barre, Pa. Civil Action
J Vv. United States of America No. 70-59
First National Bank of Wilkes-Barre, Pa. Civil Action
Vv. United States of America No. 70-60
® Michael J. Hudacek, etc. v. Puerto Rico Civil Action
International Airlines, Inc., et al. No. 70-57
Michael J. Hudacek, etc. v. Puerto Rico Civil Action
International Airlines, Inc., et al. No. 70-58
First National Bank of Wilkes-Barre, Pa. Civil Action
v. Puerto Rico International Airlines, No. 70-61
Inc., et al.
First National Bank of Wilkes-Barre, Pa. Civil Action
Vv. Puerto Rico International Airlines, Inc., No. 70-62
et al.
Michael J. Hudacek, etc. v. Puerto Rico . Civil Action
International Airlines, Inc., et al. No. 70-78 :
Michael J. Hudacek, etc. v. Puerto Rico Civil Action
International Airlines, Inc., et al. No. 70-79
First National Bank of Wilkes-Barre, Pa. Civil Action
Vv. Puerto Rico International Airlines, Inc., No. 70-76
et al.
First National Bank of Wilkes-Barre, Pa. Civil Action
- C etc. v. Puerto Rico International Airlines, No. 70-77Inc., et al.

Case MDL No. 47 Document 2 Filed 04/30/15 Page 6 of 6
SCHEDULE Aa - 2 = DOCKET NO. 47
® DISTRICT OF PUERTO RICO
Donna Marie Jafolla, etc. v. Puerto Rican Civil Action
International Airlines, Inc., et al. No. 104-70
Donna Marie Jafolla, etc. v. Puerto Rican Civil Action
International Airlines, Inc., et al. No. 105-70
Martin M. Pollock, etc. v. Puerto Rico Civil Action
International Airlines, Inc., et al. No. 114-70
Yutaka Ohashi, etc. v. Puerto Rican Civil Action
International Airlines, Inc., et al. No. 125-70
Clifford W. Bergere, etc. v. Puerto Rican Civil Action
International Airlines, Inc., et al. No. 126-70
Evelyn M. Blanchard, etc. v. Puerto Rican Civil Action
International Airlines, Inc., et al. No. 127-70
Edith Robinson Mueller v. Puerto Rico Civil Action
International Airlines, Inc., et al. No. 139-70
Carlos F. Montilla, etc. v. United Civil Action
® States of America No. 102-70Marie Teresa Pando Gonzalez, etc. Vv. Civil Action
United States of America No. 236-70
First National Bank of Wilkes-Barre, Civil Action
Pa. v. Puerto Ricc International Airlines, No. 120-70
Inc., et al
First National Bank of Wilkes-Barre, Pa. Civil Action
v. Puerto Rico International Airlines, Inc., No. 121-70
et al
Bienvenido Reyes, et al v. United States Civil Action
Aviation Underwriters, Inc. No. 152-70
Kirchoff v. Puerto Rico International Civil Action }
Airlines, and Great American Insurance Co. No. 161-70