Bargaheiser v. Gainey Transportation

ORDER DENYING TRANSFER

JOHN G. HEYBURN II, Chairman.

Before the Panel: Pursuant to 28 U.S.C. § 1407, common defendants Gainey Transportation Service, Inc., and Thomas Carlos Frias in the above-captioned actions move for centralization of these two actions in the Northern District of Ohio. Plaintiffs in both actions oppose the motion.

We agree that both actions share factual issues arising out of an August 2009 accident on the Ohio Turnpike. The Panel, however, is not persuaded that Section 1407 centralization is necessary either to assure the convenience of the parties and witnesses or for the…