IN RE: General Motors 1980 X-Body Car Braking Systems Warranty Litigation

| . Case MDL No. 613 Document 10 Filed 06/01/15 Page	1 of3: - ’ “ . - .-.JUL TEAL ey
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DOCKET NO. 613
"BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION
IN RE GENERAL MOTORS 1980 X-BODY CAR BRAKING SYSTEMS WARRANTY
LITIGATION
TRANSFER ORDER#*
This litigation consists of two actions, one action each in
; the District of the District of Columbia and the District of New
Jersey. Before the Panel is a motion by the General Motors
Corporation (General Motors) to centraiize the actions in a
: single district for coordinated or consolidated pretrial
proceedings. Generai Motors suggests that the District of the
District of Columbia is the appropriate transferee forum. The
plaintiff in the action pending in the District of the District
of Columbia (the D.C. plaintiff) takes no position on the merits
of the Section 1407 motion; however, if the Panei deems that
i transfer 1s appropriate, the D.C. plaintiff favors centraiization
. in the District of the District of Columbia. The New Jersey
: plaintiff opposes transfer.
9 On the basis of the papers fiied and the hearing held, thea Panel finds that these actions involve common questions of fact
= and that centralization under 28 U.S.C. §1407 wili best serve the
; convenience of the parties and witnesses and promote the Just and
| efficient conduct of the 1itigation. Both actions arise from the
i alieged failure of the braking systems in certain automobilies,
commonly referred to as X-body cars, manufactured by General
: Motors in 1980. Centraiization under Section 1407 is thus
i necessary in order to eliminate duplicative discovery, prevent
| inconsistent pretrial rulings, and conserve the resources of the
| parties, thelr counsel, and the judiclary.
We are persuaded that the District of the District of
Columbia is the preferable transferee forum. We note that 1) a
reiated government action 1s currently pending in the District of
the District of Columbia before the Honorable Thomas P. Jackson;
and 2) an enornous volume of the most reievant documents are
already located there as a result of their production in this
government action. Centrailzation in the District of the
District of Columbia would thus facilitate the pretrial phase of
the two private actions in this litigation. .
C ¥ Judges Fred Daugherty, S. Hugh Dillin and Milton Pollack	recused themselves and took no part 1n the decislon of this
matter.

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Co i Case MDL No. 613 Document 10 Filed 06/01/15 Page 2 of 3 “_
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IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. §1407,
} the action ilsted on the attached Schedule A and pending in the
: District of New Jersey be, and the same hereby 1s, transferred to
the District of the District of Columbia and, with the consent of
that court, assigned to the Honorable Thomas P. Jackson for
coordinated or consolidated pretrial proceedings with the action
pending in that district and listed on Scheduie A. -
FOR THE PANEL:
Andrew A. Caffrey
Chairman

Co. Case MDL No. 613 Document 10 Filed 06/01/15 Page 3 of 3
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® SCHEDULE A
MDL-61i3 == In re General Motors 1980 X-Body Car Braking Systems
Warranty Litigation
District of New Jersey
Joseph D. Ferraro v. General Motors Corporation,
C.A. No. 53-359
District of the District of Coiumbia
Joseph A. Alberti, et al. v. General Motors Corporation,C.A. No. -0