OPINION AND ORDER
This litigation presently consists of nine actions pending in seven districts as follows:
Northern District of Illinois 2 Eastern District of Pennsylvania 2 Southern District of Florida 1 Northern District of Georgia 1 District of Massachusetts 1 District of Minnesota 1 District of New Mexico 1
Generally, all actions in this litigation involve claims seeking adjustment of United States Census Bureau tabulations to correct for projected undercounts at state and substate levels regarding the 1980 census. The complaints in many of the actions also contain allegations of negligence or malfeasance attributable to local Census Bureau officials or policies in the particular geographic areas that are the subjects of the respective complaints. The plaintiffs in these nine actions include state governments, local governments and representatives of various minority groups. The defendants are the United States, federal agencies and/or federal officials.
We find that the nine actions before us in this litigation raise common questions of fact and that centralization under Section 1407 of these actions in the District of Maryland will best serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.
Opponents to transfer argue that the decision in Young in the Eastern District of Michigan has resolved whatever common questions of fact that may have existed among these actions and that now local issues predominate. We are unpersuaded by these objections. Young is presently the subject of an appeal and may or may not have any conclusive effect on the actions in this litigation. In the interim, these actions will continue to share complex questions of fact concerning the existence, extent and distribution of any national undercount and the existence and utility of statistical methods to correct for national and local undercounts. Transfer under Section 1407 is thus necessary in order to avoid duplicative discovery and minimize inconsistent pretrial rulings. Movants have stressed that timely reporting of census data is of the utmost importance, and centralization of these actions in a single district will help to eliminate any delays which may otherwise have arisen as a result of the pendency of the related actions in many different districts. Finally, centralization will permit a single judge to determine uniformly any collateral estoppel questions which might arise as a result of the disposition of the issues in Young. See, e. g., In re Suess Patent Infringement Litigation, 331 F.Supp. 549, 550 (Jud.Pan.Mult.Lit.1971).
Some of the parties have requested that certain of the claims in their respective actions be separated and remanded in the event that the Panel ordered transfer of their actions. The Panel is empowered by statute to couple its order of transfer with a simultaneous separation and remand of any claims in an action. See 28 U.S.C. § 1407(a). Before we exercise that power, however, we must be convinced that the claims to be returned to the transferor court involve little or no factual overlap with the claims to be transferred. See In re Midwest Milk Monopolization Litigation, 386 F.Supp. 1401, 1403 (Jud.Pan.Mult.Lit. 1975). We are not persuaded that the claims delineated by these parties as purely
We also note that the transferee judge, with respect to local undercount questions or claims, has the authority to schedule discovery and other pretrial proceedings on any issues unique to a particular geographic area or party to proceed in separate tracks concurrently with the common pretrial proceedings, thus enhancing the efficient conduct of all aspects of this litigation. See In re Republic National-Realty Equities Securities Litigation, 382 F.Supp. 1403, 1405-06 (Jud.Pan.Mult.Lit. 1974). Moreover, the transferee judge has power to provide that no party need participate in pretrial proceedings unrelated to that party's interests. See, e. g., Parts I and II, § 2.31, Manual for Complex Litigation (rev. ed. 1977).
None of the districts in which an action before us is pending offers a strong nexus to the common factual questions in this litigation, and little discovery on these questions could be expected to occur in any of them. Indeed, no constituent actions are pending in either of the two districts which have been suggested by parties as the transferee forum. While both the Eastern District of Michigan or the District of the District of Columbia could be considered appropriate transferee forums, on balance we are persuaded that the District of Maryland is the preferable forum. All parties acknowledge that relevant records and documents will be found at the Census Bureau's national records center located in that district. Also, that district adjoins the District of Columbia wherein may be found Census Bureau and other federal officials who are likely to be witnesses in many of the actions in this docket.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the nine actions listed on the following Schedule A be, and the same hereby are, transferred to the District of Maryland and, with the consent of that court, assigned to the Honorable Edward S. Northrop for coordinated or consolidated pretrial proceedings.
Eastern District of City of Philadelphia, et al. v. C.A. No. 80-3172 Philip M. Klutznick, et al. City of Chester, et al. v. Philip C.A. No. 80-3309 M. Klutznick, et al. Pennsylvania Spanish Coalition for Jobs, et al. C.A. No. 80C2994 v. Philip M. Klutznick, et al. Bernard Carey, et al. v. Philip M. C.A. No. 80C4566 Klutznick, et al. Northern District of Illinois State of New Mexico, et al. v. C.A. No. 80-0726-C Philip M. Klutznick, et al. District of New Mexico City of Atlanta, et al. v. Philip C.A. No. C-80-1685A M. Klutznick, et al. Northern District of Georgia City of Duluth, et al. v. Philip M. C.A. No. 5-80-150 Klutznick, et al. District of Minnesota Commonwealth of Massachusetts, C.A. No. 80-2232-Z et al. v. Philip M. Klutznick, et al. District of Massachusetts Maurice A. Ferre, et al. v. Philip C.A. No. 80-2933-CIV-EBD M. Klutznick, et al. Southern District of Florida
On December 30, 1980, Klutznick v. Carey, ___ U.S. ___, 101 S.Ct. 799, 66 L.Ed.2d 614 the Supreme Court of the United States also stayed, pending Court of Appeals resolution, a portion of a judgment entered the previous day in the New York action mentioned in note 1, supra, that precluded the Census Bureau from certifying to the President on December 31, 1980, the population totals for New York and the state-by-state census tabulations.