Judicial Panel on Multidistrict Litigation Issues Order on Athena Universal Life
IN RE: ATHENA UNIVERSAL LIFE II COST
OF INSURANCE INCREASE LITIGATION MDL No. 2788
ORDER DENYING TRANSFER
Before the Panel: Common defendant
On the basis of the papers filed and hearing session held, we conclude that centralization is not necessary for the convenience of the parties and witnesses or to further the just and efficient conduct of the litigation. These actions share allegations regarding
This litigation involves only four actions (just two of which are class actions) pending in two districts. Cooperation among the few involved courts and counsel appears to be a workable alternative to centralization in this litigation. We have emphasized that "centralization underSection 1407 should be the last solution after considered review of all other options." In re:
The parties favoring some form of transfer, whether under Section 1404 or Section 1407, focus on the Wenokur plaintiffs' change of position in the few weeks between when they moved to stay the District of
Given the small number of pending cases and involved counsel, we are not persuaded that centralization is justified for this litigation. We also note that defendant's pending motion in the District of
IT IS THEREFORE ORDERED that the motion for centralization of these actions is denied.
PANEL ON MULTIDISTRICT LITIGATION
Chair
SCHEDULE A
District of
WENOKUR v.
BRACH FAMILY FOUNDATION, INC. v.
THE DUFFY 2004 LLC, ET AL. v.
* Judge
1 At the time the Section 1407 motion was filed, two of the actions were pending in the
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