Omran v. United States of America et al

Filing 25

ORDER DENYING TRANSFER re: pldg. ( 1 in MDL No. 2643) The motion to transfer, pursuant to 28 U.S.C. 1407, is DENIEDSigned by Judge Sarah S. Vance, Chair, PANEL ON MULTIDISTRICT LITIGATION, on 10/9/2015. Associated Cases: MDL No. 2643, MA/1:14-cv-13881, NH/1:15-cv-00190 (TLL)

UNITED STATES JUDICIAL PANEL
on
MULTIDISTRICT LITIGATION

IN RE: MOHAMMED AHMED HASSAN
ABDALLAH OMRAN LITIGATION

MDL No. 2643

ORDER DENYING TRANSFER

Before the Panel: Plaintiff Mohammed Ahmed Hassan Abdallah Omran, who is proceeding
pro se, moves under 28 U.S.C. § 1407 to centralize the two actions listed on the attached Schedule
A in the District of Massachusetts. The actions are pending in that district and the District of New
Hampshire. Defendant the United States of America opposes centralization.
After considering the parties’ arguments, we deny centralization. As mentioned, the motion
encompasses only two actions. The common factual issues are not particularly complex, and are
limited to allegations concerning the conduct of three federal officer defendants following plaintiff’s
August 2012 arrest for making a false claim of citizenship.1 Each action also involves a number of
unique defendants and allegations. For example, the New Hampshire action concerns alleged
conduct of defendants Darika Frichittanvong and Marian Noronha in facilitating plaintiff’s arrest,
as well as claims that an attorney, defendant Bjorn Lange, engaged in legal malpractice or other
misconduct. None of those three defendants is sued in the Massachusetts action. In these
circumstances, informal cooperation and coordination on the part of the involved parties and courts
are both practicable and preferable. See In re: Boehringer Ingelheim Pharm., Inc., Fair Labor
Standards Act (FLSA) Litig., 763 F. Supp. 2d 1377, 1378-79 (J.P.M.L. 2011).

1

Specifically, in both actions, plaintiff alleges that defendants Philip Bleezarde, an
agent for U.S. Immigration and Customs Enforcement (ICE) and Brendan Galway, an agent for the
Federal Bureau of Investigation, conducted two illegal searches and seizures, that Bleezarde lied in
an affidavit submitted to obtain a search warrant for plaintiff’s computer, and that defendant Kevin
Clouthier, also an ICE agent, exceeded his authority in conducting a search of that computer.

-2IT IS THEREFORE ORDERED that the motion for centralization of these actions is denied.

PANEL ON MULTIDISTRICT LITIGATION

Sarah S. Vance
Chair
Marjorie O. Rendell
Lewis A. Kaplan
R. David Proctor

Charles R. Breyer
Ellen Segal Huvelle
Catherine D. Perry

IN RE: MOHAMMED AHMED HASSAN
ABDALLAH OMRAN LITIGATION

MDL No. 2643

SCHEDULE A

District of Massachusetts
OMRAN v. UNITED STATES OF AMERICA, ET AL., C.A. No. 1:14-13881
District of New Hampshire
OMRAN v. BLEEZARDE, ET AL., C.A. No. 1:15-00190