In re Bestlilne Multidistrict Litigation 405 F.Supp. W.D. Tex., Civil Action No. Inc. W.D. Tex., Civil Action No. Judicial Panel on Multidistrict Litigation. The Panel has previously transferred all actions in this litigation to the Southern District of Florida and, with the consent of that court, assigned them to the Honorable James Lawrence King for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407.
All plaintiffs oppose transfer.
We find that these tag-along actions involve questions of fact common to the actions previously transferred to the Southern District of Florida and that their transfer to that district for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407 will best serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. 314 Plaintiffs in all four actions are disgruntled former Bestline distributors who allege that Bestline committed various violations in connection with its multilevel marketing system for biodegradable cleaning agents. Specifically, the plaintiff in Black charges defendant with violations of Section 12 of the Securities Act of 1933, while plaintiffs in Hollingsworth, Eastman and Schwettmann allege violations of common law fraud and the Texas Deceptive Trade Practices Act. Plaintiffs argue that transfer is inappropriate because the Texas state law claims asserted in three of these four actions are not involved in the Florida litigation. Although three of the Texas actions raise legal theories not presently before the transferee court, all four of these tag-along issues with the Florida litigation concerning the nature and operation of Bestline's marketing program.