The opinion
FILE \
Matthew F. Kennelly
Judge: M. David Weisman ynyTED STATES JUDICIAL PANEL 8/ 1/ 202
Case: 24cv6795 THOMES BRET □□□□□
. on CLERK, \
MULTIDISTRICT LITIGATION
IN RE: MULTIPLAN HEALTH INSURANCE
PROVIDER LITIGATION MDL No. 3121
TRANSFER ORDER
Before the Panel:* Plaintiffs in three Northern District of Illinois actions move under 28
U.S.C. § 1407 to centralize this litigation in that district. This litigation consists of six actions
pending in three districts, as listed on Schedule A. In addition, the parties have informed the Panel
of eighteen potentially-related actions pending in two districts.!
All responding parties agree that the actions should proceed together in one court, but they
differ as to the mechanism for transfer and their preferred transferee forum. Plaintiff in one
Northern District of Illinois potential tag-along action supports the motion. Plaintiffs in eighteen
actions and potential tag-along actions support or do not oppose Section 1407 centralization in the
Southern District of New York. Plaintiffs in fourteen of those actions also would not oppose
Section 1404 transfer to that district. Defendants prefer Section 1404 transfer to the Northern
District of Illinois and, alternatively, support Section 1407 centralization in that district.
On the basis of the papers filed and the hearing session held, we find that the actions listed
on Schedule A involve common questions of fact, and that centralization in the Northern District
of Illinois will serve the convenience of the parties and witnesses and promote the just and efficient
conduct of this litigation. No party disputes that these actions share factual questions arising from
an alleged conspiracy to fix, suppress, and stabilize reimbursement rates paid to healthcare
providers for out-of-network healthcare services in the U.S. in violation of the Sherman Act.
Centralization will eliminate duplicative discovery; prevent inconsistent pretrial rulings,
particularly as to class certification; and conserve the resources of the parties, their counsel, and
the judiciary.
In opposing Section 1407 centralization in favor of Section 1404 transfer, defendants argue
that there is a “reasonable prospect” that their filed and anticipated motions to transfer the actions
to the Northern District of Illinois will render Section 1407 centralization unnecessary, citing In
re Gerber Probiotic Prods. Mktg. & Sales Pracs. Litig., 899 F. Supp. 2d 1378, 1380 (J.P.M.L.
Judge Karen K. Caldwell and Judge Matthew F. Kennelly did not participate in the decision
of this matter.
These and any other related actions are potential tag-along actions. See Panel Rules 1.1(h),
7.1, and 7.2.
2012) (“[W]here a reasonable prospect exists that resolution of Section 1404 motions could
eliminate the multidistrict character of a litigation, transfer under Section 1404 is preferable to
centralization.”). We disagree. Defendants have moved to transfer the Northern District of
California action to the Northern District of Illinois, but they have yet to file a similar motion
concerning the Southern District of New York actions. Because defendants do not intend to
immediately move to transfer the first-filed Southern District of New York Adventist Health
action—they prefer instead to wait until a ruling on their motion to dismiss issues—it is unclear
when the multidistrict character of this litigation could be eliminated, if at all. All parties agree
the actions should proceed in a single court, and Section 1407 centralization affords the parties
and the judiciary the fastest route to realizing the efficiencies of coordinated proceedings for all
related actions.
The Northern District of Illinois is an appropriate transferee district for this litigation. Six
actions are pending in that district, which has the support of both some plaintiffs and all defendants.
Two defendants are headquartered in Illinois, and several others are located nearby. Judge
Matthew F. Kennelly is well-versed in the nuances of complex and multidistrict litigation, and we
are confident he will steer this litigation on a prudent course.
IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside
the Northern District of Illinois are transferred to the Northern District of Illinois and, with the
consent of that court, assigned to the Honorable Matthew F. Kennelly for coordinated or
consolidated pretrial proceedings.
PANEL ON MULTIDISTRICT LITIGATION
Nathaniel M. Gorton
Acting Chair
David C. Norton Roger T. Benitez
Dale A. Kimball Madeline Cox Arleo
A TRUE.COPRY-ATTEST
THOMAS: GsBRUTON, CLERK
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C.AN.o1 .: 24-03680
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1:24-cv-C0H6S8/0C4O MMUHNEIATLYTS HY STEIMNSC,v. M. U LTIPLIANN,C .,
C.AN.o1 .: 24-03544