Multidistrict Litigation Judicial Panel Concludes Centralization Under Section 1407 not Warranted
Three separate class action lawsuits against Edward D. Jones & Co. seeking overtime pay. The lawsuits were filed in the Central and Northern Districts of California, and the Western District of Pennsylvania. Two motions were filed with the Judicial Panel on Multidistrict Litigation (MDL) seeking to coordinate the litigation for pretrial purposes – one by the Pennsylvania plaintiff, and one by the common defendant, Edward Jones. In re Edward D. Jones & Co., L.P., Overtime Pay Litig., 442 F.Supp.2d 1370 (Jud.Pan.Mult. 2006). After oral argument, the Judicial Panel denied the motion, concluding that “centralization presently would neither serve the convenience of the parties and witnesses nor further the just and efficient conduct of this litigation.” Id., at 1371. The Panel explained that it did not believe “any common questions of act and law are sufficiently complex and/or numerous to justify Section 1407 transfer,” id.
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