Martinez v. LVNV Funding, LLC, et al.

Filing 4

ORDER to SHOW CAUSE why this action should not be dismissed as duplicative of earlier-filed action signed by Magistrate Judge Christopher D. Baker on 1/3/2025. Show Cause Response due within 7-Days. (Deputy Clerk TEL)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

TINA MARTINEZ,

12
13

Plaintiff,
v.

14

LVNV FUNDING, LLC, et al.,

15

Defendants.

Case No. 1:24-cv-01597-JLT-CDB
ORDER TO SHOW CAUSE WHY THIS CASE
SHOULD NOT BE DISMISSED AS
DUPLICATIVE OF EARLIER-FILED
ACTION
7-DAY DEADLINE

16
17

Plaintiff Tina Martinez initiated this action with the filing of a complaint on December

18

30, 2024, asserting ten causes of action against Defendants LVNV Funding, LLC, and Financial

19

Recovery Services, Inc. (Doc. 1). Upon a review of the complaint, it appears that this action may

20

be duplicative of an earlier-filed action in this court: Martinez v. LVNV Funding, LLC, et al.,

21

Case No. 1:24-cv-01228-CDB. In that action, which Plaintiff initiated with the filing of a

22

complaint on October 10, 2024, Plaintiff also asserts against LVNV Funding, LLC, ten causes

23

of action arising out of a set of facts that appear to be substantially similar to those alleged in the

24

instant action. Each of the actions names an additional co-Defendant: in this action, Financial

25

Recovery Services, Inc., and in the first-filed action, Credit Control, LLC.

26

Conclusion and Order

27

Accordingly, it is HEREBY ORDERED that, within seven (7) days of entry of this order,

28

Plaintiff shall show cause (1) why she is unable to amend her complaint in Case No. 1:24-cv-

1

01228-CDB to include the additional co-Defendant named herein, as set forth in Federal Rule of

2

Civil Procedure 15, and (2) why this action should not be dismissed as duplicative as the first-

3

filed action.

4

IT IS SO ORDERED.

5
6

Dated:

January 3, 2025

___________________

_

UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2