Talavera v. Leprino Foods Company et al

Filing 8

ORDER RE: Notices of Related Cases; New case number is: 1:15-CV-00105 AWI-BAM, signed by District Judge Anthony W. Ishii on 03/13/2015. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERROD FINDER on behalf of himself
and a class of others similarly situated,
Plaintiff

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ORDER RE: NOTICES OF RELATED
CASES

v.
LEPRINO FOODS COMPANY, a
Colorado Corporation; LEPRINO
FOODS DAIRY PRODUCTS
COMPANY, a Colorado Corporation;
and DOES 1 through 50, inclusive,
Defendants

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CASE NO. 1:13-CV-2059 AWI BAM
1:15-CV-0105

This case is a proposed class action brought by employee Jerrod Finder against employer

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Leprino Foods alleging violations of California wage and hour laws. Two notices of related cases

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have been filed. Docs. 16 and 18.

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The first notice involves Talavera v. Leprino Foods, 15-cv-0105 (originally designated 15-

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at-0055). Talavera is also an employee seeking to represent a proposed class action against

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employer Leprino Foods alleging violations of California wage and hour laws. These actions are

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related within the meaning of Local Rule 123(a). They involve the same parties, the same events,

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similar questions of fact and law, and would therefore entail a substantial duplication of labor if

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heard by different judges. Magistrate Judge Barbara McAuliffe has already been assigned to

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Talavera v. Leprino Foods but no district court judge is yet attached to the case. Relation of these

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two cases is granted. The parties should be aware that relating the cases under Local Rule 123

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merely has the result that both actions are assigned to the same judge; no consolidation of the

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action is effected.

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The second notice involves Finder v. Leprino Foods, 15-cv-0307. This is another suit filed

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by Jerrod Finder against Leprino Foods. This case is not a proposed class action and involves

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claims of disability discrimination and retaliation for taking leave under the Family and Medical

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Leave Act. Of note Jerrod Finder objects to relation of these two cases. Doc. 6. These actions are

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not related within the meaning of Local Rule 123(a). They involve the same parties, but deal with

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different events, different questions of fact and law, and provide no savings in labor if heard by the

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same judge. Relation of these two cases is denied.

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IT IS THEREFORE ORDERED that Talavera v. Leprino Foods, 15-cv-0105, be assigned
to the undersigned.

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IT IS SO ORDERED.
Dated: March 13, 2015
SENIOR DISTRICT JUDGE

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