EASTERLING et al v. NATIONAL FOOTBALL LEAGUE, INC.

Filing 27

Copy Re: Documents (Motion for Transfer) Filed Before the Judicial Panel on Multidistrict Litigation. (tjd)

BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION

IN RE NATIONAL FOOTBALL
LEAGUE LITIGATION

MDL DOCKET NO. _ _ __

MOTION FOR TRANSFER AND COORDINATION OR
CONSOLIDATION PURSUANT TO 28 U.S.C. § 1407
Pursuant to 28 U.S.C. § 1407, the National Football League (''NFL'')
respectfully petitions the Judicial Panel on Multidistrict Litigation (the "Panel") for an
order transferring four actions pending against it in the United States District Courts for
the Central District of California and Eastern District of Pennsylvania (collectively ''the
Actions") for coordinated or consolidated pretrial proceedings in the Eastern District of
Pennsylvania. In support of this motion, the NFL avers the following, as more fully set
forth in the accompanying Memorandum of Law:
1.

The Actions are listed on the Schedule of Actions in accordance

with the Panel's Rule 6.1(b)(ii); all complaints, federal district court docket sheets and
notices ofremoval in the Actions are annexed hereto as Exhibits A through D.
2.

The Actions are all civil actions pending in two federal

jurisdictions: Three Actions are pending in the Central

Distri~t

of California, and one

Action is pending in the Eastern District of Pennsylvania.
3.

All of the Actions "involv[eJ one or more common questions of

fac!," as required by 28 U.S.C. § 1407(a), because they are based on similar allegations

seeking to hold the NFL liable for purported damages sustained by former players who
suffered concussions while playing football.
4.

Because the Actions

involve common questions

of fact,

coordination or consolidation of the Actions in a single forum will significantly advance
the just and efficient conduct of the litigation as well as the convenience of the parties
and witnesses. Coordination or consolidation also will eliminate duplicative discovery,
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prevent conflicting pretrial rulings, conserve judicial resources, reduce the cost of
litigation, and allow the Actions to proceed more efficiently to trial.
5.

As explained in detail in the accompanying Memorandum of Law,

the Eastern District of Pennsylvania is the most suitable transferee forum for the Actions
because (a) an Action already is pending before Judge Anita B. Brody of the Eastern
District of Pennsylvania; (b) the Eastern District of Pennsylvania is a convenient forum
for many defendants and potential witnesses in the Actions, with the NFL headquartered
in nearby New York City, and the plaintiffs in the Actions pending in the Central District
of California, more than half of whom reside in the Eastern part of the United States, and
nearly half of whom reside along the East Coast; and (c) Judge Brody has experience in
handling complex litigations, including a recent action transferred by the Panel to her
courtroom.
6.

This motion is based on the accompanying Memorandum of Law

in Support of Motion for Transfer and Coordination or Consolidation Pursuant to 28
U.S.C. § 1407.
WHEREFORE, the NFL respectfully requests that the Panel grant this
motion pursuant to 28 U.S.c. § 1407, and that the Actions pending against the NFL be

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transferred and coordinated or consolidated for pretrial proceedings in the United States
District Court for the Eastern District of Pennsylvania.

Dated: New York, New York
November 15,2011

Respectfully submitted,

BradR/2fy
Theodore V. Wells, Jr.
Bruce Birenboim
Beth A. Wilkinson
Lynn B. Bayard
PAUL, WEISS, RlFKIND, WHARTON &
GARRlSON LLP
1285 Avenue of the Americas
New York, NY 10019-6064
[e-mail]
[phone]

Attorneys For National Football League

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