Thomas et al v. BancorpSouth Bank et al

Filing 40

ORDER: preliminary approval of the settlement and the class certification are VACATED without final approval from this Court; Plaintiffs Motions for Rule 16 Status Conference 36 and for Immediate Temporary Protective Order and Scheduling of Permane nt Protective Order Hearing 39 are DENIED ; Court finds the interests of justice require that this action be immediately TRANSFERRED to the Southern District of Florida and administratively TERMINATED. Signed by Honorable Robert T. Dawson on June 8, 2012. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
MELVIN L. THOMAS III and
BILLY D. LAWSON, JR., on
behalf of themselves and
all others similarly situated
VS.

PLAINTIFFS

CASE NO. 12-1016

BANCORPSOUTH BANK and
BANCORPSOUTH, INC.

DEFENDANTS
O R D E R

Plaintiffs filed this putative class action on February 28,
2012 (doc. 1) challenging Defendants’ overdraft fee policies and
practices.

On March 26, 2012, at the parties’ request, the Court

conducted a hearing and entered an order certifying the class and
preliminarily approving the Settlement Agreement; both contingent
upon final approval of the Settlement (doc. 22).
On March 27, 2012, Defendants filed a motion to stay in an
earlier-filed action, Swift v. BancorpSouth, Inc., pending in the
Southern District of Florida, Case No. 1:10-cv-23872-JLK, as part
of a multidistrict litigation proceeding, In Re: Checking Account
Overdraft Litigation, Case No. 09-MD-02036-JLK.

In Swift, Judge

King denied the motion and enjoined Defendants and their attorneys
from proceeding in the case sub judice pursuant to its authority
under the All Writs Act, 28 U.S.C. §1651, and the “first-to-file
rule”.
The Court finds that the interests of justice require that
AO72A
(Rev. 8/82)

this case be transferred to the Southern District of Florida, where
virtually identical actions are pending against Defendants. See 28
U.S.C. § 1404(a).

The Court further finds that the convenience of

the parties and witnesses requires the case be transferred, given
that Defendants have been engaged in identical litigation for
nearly two years prior to the commencement of this action and
approximately eighteen (18) months after Swift was transferred to
the Southern District of Florida for inclusion in the multidistrict
litigation proceeding.

Further, if the Settlement in this case

were to receive final approval, according to Defendants themselves,
it would encompass the claims of all proposed class members in the
first-filed Swift action other than named Plaintiff Shane Swift.
The Final Fairness Hearing scheduled for July 30, 2012, is
CANCELED.

Pursuant to the parties’ Settlement Agreement, the

preliminary approval of the settlement and the class certification
are

hereby

VACATED

without

final

approval

from

this

Court.

Plaintiffs’ Motions for Rule 16 Status Conference (doc. 36) and for
Immediate Temporary Protective Order and Scheduling of Permanent
Protective Order Hearing (doc. 39) are DENIED.
Based on the foregoing, the Court finds the interests of
justice require that this action be immediately TRANSFERRED to the
Southern District of Florida and administratively TERMINATED.
IT IS SO ORDERED this 8th day of June 2012.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
2
AO72A
(Rev. 8/82)