MacQuarrie et al v. Nippon Yusen Kabushiki Kaisha et al

Filing 39

TRANSFER ORDER by The United States Judicial Panel on Multidistrict Litigation TRANSFERRING CASE to the United States District Court for the District of New Jersey, MDL No. 2471. (Attachments: #(1) Record Request Letter)(tnS) (Filed on 10/23/2013)

UNITED STATES JUDICIAL PANEL
on
MULTIDISTRICT LITIGATION

IN RE: VEHICLE CARRIER SERVICES
ANTITRUST LITIGATION

MDL No. 2471

TRANSFER ORDER

Before the Panel:* Plaintiffs in one Northern District of California action have moved,
pursuant to 28 U.S.C. § 1407, for coordinated or consolidated pretrial proceedings of this litigation
in the Northern District of California.

All parties agree that centralization is warranted, but disagree as to which is the most
appropriate transferee dastrict. Plaintiffs in thirteen actions and potential tag-along actions pending
in the Northern District of California, the Middle District of Florida, the District ofNew Jersey, and
the Southern District ofNew York support the motion. Plaintiffs in two ofthese actions suggest
centralization in the Middle District of Florida, in the alternative.
Supporting the District of New Jersey as transferee district are plaintiffs in one District of
New Jersey action and one Southern District ofNew York potential tag-along action, as well as
defendants. 1 The District o fN ew Jersey plaintiff alternatively supports centralization in theN orthern
District of California, and defendants alternatively suggest centralization in the Southern District of
New York. Plaintiffs in three Southern District of California actions and potential tag -along actions
suggest centralization in that district.
This litigation currently consists of six actions listed on Schedule A and pending in four
districts, two actions each in the Middle District of Florida and the District ofNew Jersey, and one

Judge Sarah S. Vance did not participate in the disposition of this matter.
American Auto Logistics, Inc.; American Auto Logistics, LP; American Logistics
Network, LLP; American Roll-on Roll-Off Carrier, LLC; American Shipping and Logistics Group,
Inc.; Campania Sud An1ericana De Vapores S.A.; CSAV Agency, LLC; EUKOR Vehicle Carriers
Inc.; Fujitrans U.s:A., Inc.; Kawasaki Kisen Kaisha, Ltd.; "K" Line America, Inc.; Mitsui O.S.K.
Bulk Shipping (USA), Inc.; Mitsui O.S.K. Lines, Ltd.; MOL (America), Inc.; MOL Logistics
(U.S.A.), Inc.; Nippon Yusen Kabushiki Kaisha; Nissan Motor Car Carrier Co., Ltd.; NYK Line
(North America) Inc.; Toyofuji Shipping Co., Ltd.; Wallenius Lines AB; Wallenius Wilhelmsen
Logistics Americas LLC; Wallenius Wilhelmsen Logistics AS; Wilh.
Wilhelmsen Holding ASA; World Logistics Service (U.S.A.) Inc.; World
WWL Vehicle Services Americas Inc.

~

--..''

-2-

On the basis of the papers filed and hearing session held, we find that the
common questions of fact, and that centralization under Section 1407 in the
will serve the convenience of the parties and witnesses and promote the just and ett1¢1¢q.t
this litigation. These actions share factual questions relating to allegations that u...,,_...,,~..'fll~'"
to fix, raise, maintain, and stabilize the price of vehicle carrier services charged to orijgijl:~l
manufacturers in violation ofSection 1ofthe Sherman Antitrust Act, and coJTe!;pona~gl
and state consumer protection statutes. Centralization will eliminate duplicative
inconsistent pretrial rulings, including with respect to class certification; and
of the parties, their counsel, and the judiciary.
There is no clear focal point for this litigation, which is hi-coastal in nature,
located in Asia and Europe. On balance, we are persuaded that the District of
appropriate transferee forum for this litigation. Two actions are pending in this
Esther Salas, an experienced transferee judge who presently is not presiding over
defendants maintain their United States headquarters in New Jersey. The ease
makes the District OfNew Jersey a good choice for transferee district.
IT IS THEREFORE ORDERED that pursuant to 28 U.S.C. § 1407, the
Schedule A are transferred to the District ofNew Jersey and, with the consent of ·
to the Honorable Esther Salas for coordinated or consolidated pretrial orc,cei~Ourlgfl

PANEL ON MULTIDISTRICT LITIGA

Chairman
Kathryn H. Vratil
Marjorie 0. Rendell
Lewis A. Kaplan

2

The Panel has been notified of nineteen related actions pending in theN
California, the Southerrt District of California, the District ofNew Jersey, and the
ofNew Y ark. These and any other related actions are potential tag-along actions.
1.1(h), 7.1 and 7.2.

IN RE: VEHICLE CARRIER SERVICES

No. 2471

ANTITRUST LITIGATION

SCHEDULE A

Northern District of California

li
,:
:1

Joan MacQuarrie, et al. v. Nippon Yusen Kabushiki Kaisha, et al., C.A. Noll :13-02409
Southern District of California
David Schroeder v. Nippon Yusen Kabushiki Kaisha, et al., C.A. No. 3:13~0 319
Middle District ofFlorida

rf .

3:13-00604
Kenneth A. Nelson, et al. v. Nippon Yusen Kabushiki Kaisha, et al., C.A.
Esteban Adame v. Nippon Yesen Kabushiki Kaisha, et al., C.A. No. 3:13-0P 51
District ofNew Jersey
F. Ruggiero & Sons, Inc., et al. v. NYK Line (North America) Inc., et al.,
C.A. No. 2:13-03306
Bethanne Knudson v. NYK Line (North America) Inc., et al., C.A. No. 2:13 485
1