Gardner v. Bank of America, N.A.
- Proceeding
- district
- Area
- civil
Analysis
The Judicial Panel on Multidistrict Litigation (JPML) reviewed a request to transfer Gardner v. Bank of America, N.A. to an existing multidistrict litigation (MDL) in the Southern District of California. The Panel ordered the case transferred to the Southern District of California for coordinated pretrial proceedings under 28 U.S.C. § 1407.
| What the court decided | The model |
|---|---|
Transfer of action to the United States District Court for the Southern District of California for coordinated or consolidated pretrial proceedings.“Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the Southern District of California for the reasons stated in the order of June 4, 2021, and, with the consent of that court, assigned to the Honorable Larry Alan Burns.” | agree with court The order recites that the action involves questions of fact common to previously transferred actions and cites the statutory authority (28 U.S.C. § 1407) and procedural rule (Rule 7.1) for the transfer. The decision follows the standard procedure for MDL transfers where common factual issues exist. |
The order itself: sound — The order is a standard procedural transfer order. It correctly identifies the statutory basis for the transfer and relies on the prior MDL order to establish the commonality of facts. It does not address substantive legal arguments because it is a jurisdictional/procedural order regarding venue and coordination, not a ruling on the merits of the underlying claims.
Opinion
UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION IN RE: BANK OF AMERICA CALIFORNIA UNEMPLOYMENT BENEFITS LITIGATION MDL No. 2992 (SEE ATTACHED SCHEDULE)
CONDITIONAL TRANSFER ORDER (CTO -7)
On June 4, 2021, the Panel transferred 10 civil action(s) to the United States District Court for the Southern District of California for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. See 544 F.Supp.3d 1366 (J.P.M.L. 2021). Since that time, 10 additional action(s) have been transferred to the Southern District of California. With the consent of that court, all such actions have been assigned to the Honorable Larry Alan Burns. It appears that the action(s) on this conditional transfer order involve questions of fact that are common to the actions previously transferred to the Southern District of California and assigned to Judge Burns. Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the Southern District of California for the reasons stated in the order of June 4, 2021, and, with the consent of that court, assigned to the Honorable Larry Alan Burns. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Southern District of California. The transmittal of this order to said Clerk shall be stayed 7 days from the entry thereof. If any party files a notice of opposition with the Clerk of the Panel within this □□□□□ period, the stay will be continued until further order of the Panel.
FOR THE PANEL: pening ahi, ° LZ $0 Jul 11, 2022 CMTE SAEs John W. Nichols MULTIDISTRICT LITIGATION Clerk of the Panel | hereby attest and certify on _Jul11, 2022 _ that the foregoing document is a full, true and correct copy of the original on file in my office and in my legal custody. sSSIMN, Clerk, U.S. District Court E> Southern District of California | aes By: s/J. Olsen ey Deputy — IN RE: BANK OF AMERICA CALIFORNIA UNEMPLOYMENT BENEFITS LITIGATION MDL No. 2992 SCHEDULE CTO−7 − TAG−ALONG ACTIONS DIST DIV. C.A.NO. CASE CAPTION CALIFORNIA EASTERN CAE 1 22−00658 Gardner v. Bank of America, N.A.