Case: 3:22-cv-50188 Document #: 1 Filed: 06/01/22 Page 1 of 3 PageID #:1
`Case MDL No. 3030 Document 71 Filed 06/01/22 Page 1 of 3
`
`Presiding Judge: Iain D. Johnston
`Magistrate Judge: Lisa A. Jensen
`Filed date: 06/01/2022
`3:22-cv-50188
`Lead Case No.:
`
`UNITED STATES JUDICIAL PANEL
`on
`MULTIDISTRICT LITIGATION
`
`FILED
`6/1/2022
`THOMAS G. BRUTON
`CLERK, U.S. DISTRICT COURT
`
`IN RE: DEERE & COMP ANY REP AIR SERVICES
`ANTITRUST LITIGATION
`
`MDL No. 3030
`
`TRANSFER ORDER
`
`Before the Panel:* Defendant Deere & Company moves under 28 U.S.C. § 1407 to
`centralize this litigation in the Northern District of Illinois or, alternatively, the Central District of
`Illinois. The litigation consists of six actions pending in four districts, as listed on Schedule A.
`Since the filing of the motion, the Panel has been notified of six related actions pending in four
`districts. 1
`All responding plaintiffs, including plaintiffs in four potential tag-along actions, support
`centralization, but the parties disagree as to the appropriate transferee forum. While Deere
`proposes centralization in the Eastern Division of the Northern District of Illinois, plaintiffs in nine
`of the involved actions, in the first instance or in the alternative, propose centralization in the
`Western Division of that district. Plaintiff in the Eastern District of Tennessee Underwood action
`requests centralization in the Eastern District of Tennessee. Plaintiffs in two potential tag-along
`actions pending in the Central District of Illinois and the District of Minnesota suggest selection
`of their respective districts.
`On the basis of the papers filed and the hearing session held, we find that these actions
`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
`the litigation. These putative class actions share factual issues arising from allegations that,
`through various anticompetitive practices, Deere has monopolized the market for repair and
`maintenance services for Deere agricultural equipment equipped with engine control units by
`restricting access to necessary repair-related software and diagnostic tools. The actions assert
`substantially identical claims under the Sherman Act, along with claims of unjust emichment or
`promissory estoppel, and seek identical relief. Centralization under Section 1407 will eliminate
`duplicative discovery, prevent inconsistent pretrial rulings, particularly with respect to class
`certification, and conserve the resources of the parties, their counsel, and the judiciary.
`
`* One or more Panel members who could be members of the putative classes in this litigation
`have renounced their participation in these classes and have participated in this decision.
`1 These and any other related actions are potential tag-along actions. See Panel Rules 1.1 (h), 7 .1,
`and 7.2.
`
`

`

`Case: 3:22-cv-50188 Document #: 1 Filed: 06/01/22 Page 2 of 3 PageID #:2
`Case MDL No. 3030 Document 71 Filed 06/01/22 Page 2 of 3
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`- 2 -
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`We conclude that the Northern District of Illinois is an appropriate transferee district for
`pretrial proceedings in this litigation. The majority of the parties support centralization in this
`district, and it offers a geographically central and readily accessible forum for this nationwide
`litigation. Six of the involved actions are pending in this district. Finally, Deere represents that
`relevant witnesses and documents will be found at its headquarters in Moline, Illinois, which are
`reasonably nearby. The primary dispute between the parties is as to which division of the Northern
`District of Illinois would provide the most convenient transferee forum. We are not persuaded,
`however, that the difference in convenience between the Eastern and Western Divisions is
`significant. We assign the litigation to the Honorable Iain D. Johnston, who has not yet had the
`opportunity to preside over an MDL and who already presides over five of the involved actions.
`We are confident that he will steer this litigation on a prudent course.
`
`IT IS THEREFORE ORDERED that the actions listed on Schedule A 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 Iain D. Johnston for coordinated or consolidated pretrial
`proceedings.
`
`PANEL ON MULTIDISTRICT LITIGATION
`
`Karen K. Caldwell
`Chair
`
`Matthew F. Kennelly
`Roger T. Benitez
`Nathaniel M. Gorton
`
`David C. Norton
`Dale A. Kimball
`Madeline Cox Arleo
`
`A TRUE COPY-ATTEST
`THOMAS G. BRUTON, CLERK
` -
`By: s/ JACLYN PIECZKIEWICZ
`DEPUTY CLERK
`U.S. DISTRICT COURT, NORTHERN
`DISTRICT OF ILLINOIS
` -
`June 7, 2022
`
`

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`Case: 3:22-cv-50188 Document #: 1 Filed: 06/01/22 Page 3 of 3 PageID #:3
`Case MDL No. 3030 Document 71 Filed 06/01/22 Page 3 of 3
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`IN RE: DEERE & COMP ANY REP AIR SERVICES
`ANTITRUST LITIGATION
`
`MDL No. 3030
`
`SCHEDULE A
`
`Northern District of Alabama
`
`WELLS v. DEERE & CO., C.A. No. 3:22-00074
`
`3:22-cv-50189
`
`Northern District of Illinois
`
`FOREST RIVER FARMS v. DEERE & CO., C.A. No. 1:22-00188
`PLUM RIDGE FARMS, LTD. v. DEERE & CO., C.A. No. 3:22-50030
`BROWN v. DEERE & CO., C.A. No. 3:22-50039
`
`Western District of Oklahoma
`
`FERRELL, ET AL. v. DEERE & CO., C.A. No. 5:22-00157
`
`3:22-cv-50190
`
`Eastern District of Tennessee
`
`UNDERWOOD v. DEERE & CO., C.A. No. 4:22-00005
`
`3:22-cv-50191
`
`