Sparta Consulting, Inc. v. Copart, Inc.

Filing 30

ORDER CONSOLIDATING CASES signed by Judge Kimberly J. Mueller on 9/22/14. Case number 2:14-cv-1884 JAM CKD is reassigned to Judge Kimberly J. Mueller and consolidated with case number 2:14-cv-0046 KJM CKD for all purposes, including trial. The parties' 9/26/14 deadline to respond to the complaints is VACATED until further order of the court. The parties shall submit a Joint Status Report by 9/25/14. (Manzer, C)

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LEWIS & LLEWELLYN LLP
Paul T. Llewellyn (Cal. Bar No. 216887)
Marc R. Lewis (Cal. Bar No. 233306)
Matthew Dickman (Cal. Bar No. 268108)
505 Montgomery Street, Suite 1300
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

SUSMAN GODFREY LLP
Ophelia Camiña (Texas Bar No. 03681500)
Daniel Charest (Texas Bar No. 24057803)
901 Main Street, Suite 5100
Dallas, Texas 75202
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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GIBSON, DUNN & CRUTCHER LLP
Frederick Brown (Cal. Bar No. 65316)
555 Mission Street, Suite 3000
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

SUSMAN GODFREY LLP
Marc M. Seltzer (Cal. Bar No. 54534)
Meng Xi (Cal. Bar No. 280099)
1901 Avenue of the Stars, Suite 950
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Sparta Consulting, Inc.

Attorneys for Copart, Inc.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SPARTA CONSULTING, INC.,

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Plaintiff,

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STIPULATION AND ORDER TO
CONSOLIDATE RELATED CASES

v.

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CASE NO. 2:14-cv-00046-KJM-CKD

COPART, INC.,

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Defendant.

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Sparta Consulting, Inc. (“Sparta”) and Copart, Inc. (“Copart”), by and through their
attorneys of record, hereby stipulate and agree as follows:

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WHEREAS, Sparta filed the instant action on January 8, 2014;

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WHEREAS, before Sparta filed the instant action, on November 1, 2013, Copart

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commenced an action against Sparta concerning the same set of facts as the instant action in the

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44th Judicial District Court of Dallas County, Texas, bearing Cause No. DC-13-13154;

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STIPULATION AND ORDER TO CONSOLIDATE RELATED CASES

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WHEREAS, on January 2, 2014, Sparta removed the Texas action to the United States

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District Court for the Northern District of Texas, bearing Civil Action No. 3:14-cv-00013-L (the

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“Texas Action”);

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WHEREAS, on January 9, 2014, Sparta filed a motion to dismiss and to transfer the

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Texas Action to the United States District Court for the Eastern District of California (“Sparta’s

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Motion”);

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WHEREAS, on August 8, 2014, the Honorable Magistrate Judge Renee H. Toliver of the

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Northern District of Texas granted that part of Sparta’s Motion seeking to transfer the Texas

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Action and ordered the action transferred;

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WHEREAS, on August 11, 2014, the Northern District of Texas transferred the Texas
Action to this District;
WHEREAS, upon transfer to this District, the Texas Action was assigned to the
Honorable Judge John A. Mendez, under Case No. 2:14-cv-01884;

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WHEREAS, on August 18, 2014, the parties filed a Notice of Related Cases and Joint

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Administrative Motion pursuant to Local Rule 123 (Dkt. No. 25), requesting that the Honorable

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Judge Kimberly J. Mueller reassign Case No. 2:14-cv-01884, currently proceeding before the

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Honorable Judge Mendez, to herself;

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WHEREAS, the parties noted in the Notice of Related Cases and Joint Administrative

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Motion that the two related cases—Case No. 2:14-cv-01884 and Case No. 2:14-cv-00046—

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involve the same parties, are based on the same transactions and occurrences and include

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substantial overlap of both questions of fact and law, such that assignment of these cases to the

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same judge would further the interests of judicial economy and avoid the possibility of

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conflicting rulings;

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WHEREAS, there has been no ruling yet on the Notice of Related Cases and Joint
Administrative Motion for Judge Mueller to Reassign Related Case to Herself (Dkt. No. 25);

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WHEREAS, the parties have stipulated in the related cases that each shall have until

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September 26, 2014 to respond to the operative complaints therein, or otherwise file any

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appropriate motion allowed under the federal rules (see Dkt. No. 28 and Stipulation Regarding
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STIPULATION AND ORDER TO CONSOLIDATE RELATED CASES

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Extension of Time to Respond to Complaint, Copart, Inc. v. Sparta Consulting, Inc., No. 2:14-

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cv-01884-JAM-CKD (E.D. Cal. Aug. 28, 2014), Dkt. No. 33);

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WHEREAS, the parties have since conferred and agree that, in the interest of efficiency

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and judicial economy, the related cases should be consolidated for all purposes and the parties

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realigned in the cases so that one party serves as the plaintiff/counter-defendant and one party

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serves as the defendant/counter-plaintiff, with one set of operative pleadings in the consolidated

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action;

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WHEREAS, a Status Conference in this action is set for October 2, 2014, with a Joint
Status Report due to be filed by September 25, 2014;

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IT IS HEREBY STIPULATED by and between Sparta and Copart, through their

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respective counsel of record, that Case No. 2:14-cv-00046 and Case No. 2:14-cv-01884 be

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consolidated and assigned to the Honorable Judge Kimberly J. Mueller for all purposes,

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including trial. In the Joint Status Report due on September 25, 2014, the parties will provide

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their respective position statements regarding which party shall be deemed the plaintiff/counter-

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defendant and which party shall be deemed the defendant/counter-plaintiff in the consolidated

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action. It is further stipulated that the parties’ September 26, 2014 deadline to respond to the

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operative complaints in the related cases shall be vacated until further order of the Court.

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IT IS SO STIPULATED.
Dated: September 15, 2014

Respectfully submitted,

LEWIS & LLEWELLYN LLP
Paul T. Llewellyn
Marc R. Lewis
Matthew Dickman

SUSMAN GODFREY LLP
Ophelia Camina
Daniel Charest
Marc M. Seltzer
Meng Xi

GIBSON, DUNN & CRUTCHER LLP
Frederick Brown

By: /s/ Ophelia Camiña
Ophelia Camiña

By: /s/ Paul T. Llewellyn
Paul T. Llewellyn

Attorneys for Copart, Inc.

Attorneys for Sparta Consulting, Inc.

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STIPULATION AND ORDER TO CONSOLIDATE RELATED CASES

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ORDER

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Having reviewed the parties’ stipulation, IT IS ORDERED THAT:
1. Pursuant to Local Rule 123(c), Copart, Inc. v. Sparta Consulting, Inc., No. 2:14-cv01884, currently assigned to Judge John A. Mendez, shall be reassigned to Judge Kimberly J.
Mueller;
2. Pursuant to Federal Rules of Civil Procedure 42(a), Copart, Inc. v. Sparta Consulting,
Inc., No. 2:14-cv-01884 is hereby consolidated with Sparta Consulting, Inc. v. Copart, Inc., No.
2:14-cv-00046 for all purposes, including trial;
3. The parties’ September 26, 2014 deadline to respond to the complaints filed in the
consolidated actions is vacated until further order of the Court;
4. On September 25, 2014, the parties shall submit a Joint Status Report which includes
the parties’ respective position statements regarding realignment of the parties in the
consolidated action. Each party’s position statement shall not exceed five (5) pages; and
5. The Clerk of the Court shall make appropriate adjustment in the assignment of civil
cases to compensate for this reassignment.
Dated: September 22, 2014.

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER TO CONSOLIDATE RELATED CASE