Marentes v. Key Energy Services California, Inc.

Filing 25

ORDER to SHOW CAUSE Why the Torres Action Should Not Be Dismissed and Why the Matters Should Not Be Consolidated, signed by Magistrate Judge Jennifer L. Thurston on 2/24/2015. Show Cause Response due by 3/17/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RENE MARENTES et al.,

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Plaintiffs,
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v.
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KEY ENERGY SERVICES CALIFORNIA, )
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INC.,
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Defendant.
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ROLANDO TORRES, et al.,
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Plaintiffs,
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v.
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KEY ENERGY SERVICES, LLC,
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Defendant.
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Case No.: 1:13-cv-02067 AWI JLT
ORDER TO SHOW CAUSE WHY THE TORRES
ACTION SHOULD NOT BE DISMISSED AND
WHY THE MATTERS SHOULD NOT BE
CONSOLIDATED

Case No.: 1:15-cv-00103 AWI JLT

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Plaintiffs Rene Marentes and Rolando Torres bring similar class claims against Defendant Key

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Energy in separate cases of action before this Court: Case No. 1:13-cv-02067 AWI JLT and Case No.

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1:15-cv-00103 AWIJLT. It appears that the class and collective claims raised in the Marentes matter

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encompass those claims raised in the Torres matter, though Mr. Torres proposes a subclass not set

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forth, at this time, by Mr. Marentes. Further, the cases involve similar claims and questions of fact.
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Notably, both Marentes and Torres seem to seek to represent the same classes of Defendant’s current

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and former employees. Indeed, it appears the Torres matter—in seeking to certify the same class and

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having been filed much later—appears to duplicate the Marentes matter and should be dismissed.

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Alternatively, even if Mr. Torres sought to proceed only on his individual claims, it does not appear

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that this forum is appropriate. In that event, the Court would lack jurisdiction under CAFA and it is not

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clear that diversity jurisdiction exists.

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Therefore, the Court ORDERS the parties to show cause in writing, (1) why the Torres action

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should not be dismissed as duplicative of the Marentes matter, (2) why the matters should not be

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consolidated for all purposes, including class certification and trial, if the Court determines the Torres

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matter should not be dismissed. The parties SHALL file briefs, limited to 10 pages in length,

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addressing the issues no later than March 17, 2015.

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IT IS SO ORDERED.
Dated:

February 24, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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