Judicial Panel Grants Request, Unopposed by Defense, for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 in the District of Massachusetts
Six class action lawsuits (four in Massachusetts, and one in Alabama and Puerto Rico) were filed against TJX and others seeking damages arising out of the electronic theft of confidential customer data from TJX’s computer system. In re In re The TJX Cos., Inc., Customer Data Security Breach Litig., 493 F.Supp.2d 1382, 1382 (Jud.Pan.Mult.Lit. 2007). Plaintiff’s lawyer in one of the Massachusetts class actions filed a motion with the Judicial Panel for Multidistrict Litigation (MDL) requesting centralization of the class action lawsuits pursuant to 28 U.S.C. § 1407; defense attorneys did not oppose centralization and all responding plaintiffs concurred that centralization in the District of Massachusetts was appropriate. Id., at 1382-83. The Judicial Panel granted the motion to centralize the class actions and agreed that the District of Massachusetts was the proper transferee court because “(i) the consensus of the parties favors or does not oppose centralization there, (ii) many actions are already pending there, and (iii) TJX is headquartered in Massachusetts and documents and witnesses will likely be found there.” Id., at 1383.