Judicial Panel Grants Defense Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407, Unopposed by Class Action Plaintiffs, but Transfers Actions to Western District of Oklahoma
Four class actions – two in Louisiana and one in Arizona and Georgia – were filed against various defendants, including Cox Enterprises, Cox Communications, Cox Communications Louisiana, Cox Communications New Orleans, and CoxCom (collectively “the Cox defendants”), together with an additional 14 potentially-related class action alleging antitrust violations; specifically, the class action complaints allege “that Cox improperly tied and bundled the lease of cable boxes to the ability to obtain premium cable services in violation of Section 1 of the Sherman Antitrust Act.” In re Cox Enterprises, Inc., Set-Top Cable Television Box Antitrust Litig., ___ F.Supp.2d ___ (Jud.Pan.Mult.Lit. June 10, 2008) [Slip Opn., at 1 and n.1]. Defense attorneys for the Cox defendants filed a motion with the Judicial Panel for Multidistrict Litigation (MDL) requesting centralization of the class actions pursuant to 28 U.S.C. § 1407 in the Middle District of Georgia; plaintiffs in both class actions supported the motion. _Id._, at 1. Plaintiffs in two of the class actions and 5 of the potentially-related actions supported the motion but requested transfer to the Eastern District of Louisiana, while plaintiffs in the other two class actions and 2 of the potentially-related actions supported the motion but requested centralization in the Western District of Oklahoma, _id._ The Judicial Panel granted the motion to centralize the class action lawsuits but selected the Western District of Oklahoma as the appropriate transferee court, _id._, at 1-2. The Panel explained that “[a] potentially related action is pending in that district,” and that “Judge Robin J. Cauthron has the time and experience to steer this litigation on an expeditious course.” _Id._, at 1.
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