Lively v. Caribbean Cruise Lines, Inc.

Filing 56

STIPULATION and ORDER signed by Judge John A. Mendez on 6/4/15 re: 55 Stipulation and Proposed Order, CASE TRANSFERRED to District of Southern District of Florida, Fort Lauderdale Division. (Meuleman, A)

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CHRISTOPHER W. WOOD (SBN 193955)
KELSEY J. FISCHER (SBN 292262)
DREYER BABICH BUCCOLA WOOD
CAMPORA, LLP
20 Bicentennial Circle
Sacramento, CA 95826
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
JOHN P. KRISTENSEN (SBN 224132)
DAVID L. WEISBERG (SBN 211675)
KRISTENSEN WEISBERG, LLP
12304 Santa Monica Boulevard, Suite 100
Los Angeles, CA 90025
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff and all similarly
situated

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THE UNITED STATES DISTRICT COURT

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Attorneys for Defendant Caribbean Cruise
Line, Inc.

Attorneys for Defendants Sun Bridge
Systems, LLC and The Marketing Source

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ROBERT S. BOULTER (SBN 153549)
1101 5th Avenue,
Suite 235
San Rafael, CA 94901
Telephone: [phone]
[e-mail]

Kenneth C. Mennemeier (SBN 113973)
MENNEMEIER GLASSMAN LLP
980 9th Street, Suite 2190
Sacramento, CA 95814
Telephone: [phone]
[e-mail]

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JEFFREY A. BACKMAN (Pro Hac Vice)
Fla. Bar No. 662501
RICHARD W. EPSTEIN (Pro Hac Vice)
Fla. Bar No. 229091
GREENSPOON MARDER, P.A.
200 East Broward Blvd.
Suite 1800
Fort Lauderdale, FL 33301
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION
HOLLY LIVELY, on behalf of herself and all
others similarly situated,
Plaintiff,
v.
CARIBBEAN CRUISE LINES, INC., a
Florida Corporation; SUNBRIDGE
SYSTEMS, LLC, a Florida Limited Liability
Company; THE MARKETING SOURCE,
INC., a Florida Corporation; and DOES 3
through 20, inclusive, and each of them,
Defendants.

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Case No.: 14-cv-00953-JAM-CKD
CLASS ACTION
STIPULATION AND [Proposed]
ORDER TO TRANSFER VENUE TO THE
UNITED STATED DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF
FLORIDA
[28 U.S.C. § 1404(a)]

-1Stipulation and [Proposed] Order to Transfer Venue to the United States District
Court for the Southern District of Florida

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STIPULATION

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Plaintiff Holly Lively (“Plaintiff”)1 and Defendants Caribbean Cruise Line, Inc.

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(“CCL”),

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(“Marketing

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undersigned counsel, hereby stipulate and agree as follows:

Sun Bridge Systems, LLC ( “Sun Bridge”), and The Marketing Source, Inc.
Source”)

(collectively

“Defendants”),

by

and

through

their

respective

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On April 17, 2014, Plaintiff filed the Complaint asserting class action allegations for

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damages and injunctive relief pursuant to the Telephone Consumer Protection Act, 47

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U.S.C. § 227, et seq. in the United States District Court, Eastern District of California,

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naming as a Defendant CCL (the “Lively Action”) (Dkt. No. 1.).

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On January 6, 2015, Plaintiff filed a First Amended Complaint, which included Sun
Bridge and Marketing Source as Defendants (Dkt. No. 29.).

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On March 18, 2015, Sun Bridge filed a Motion to Dismiss for Lack of Personal
Jurisdiction (Dkt. No. 44.).

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On April 22, 2015, Plaintiff filed a Motion to Transfer this Matter to the Southern

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District of Florida pursuant to 28 U.S.C. § 1404(a), (Dkt. No. 47), where a related action

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(the Kilpatrick Action), against different Defendants, presenting similar factual and legal

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issues, is presently pending.

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alleged core conduct here, i.e., the alleged receipt of telephone calls from “Jennifer at

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Caribbean Cruise Line”, makes transfer (and eventual relation and consolidation) in the

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Southern District of Florida appropriate.

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nationwide class of individuals alleged to have received the “Jennifer calls” in violation of

While there are certain different named Defendants, the

Indeed, both actions seek relief on behalf of a

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Plaintiff Kilpatrick, the named Plaintiff in the case pending in the Southern District of Florida,
Kilpatrick v. Caribbean Cruise Line, Inc., et al., Case No.: 14-cv-61572-BB (S.D. Fla. 2014) (the
“Kilpatrick Action”), also consents to the relief sought in this Motion and intends to join the
parties in seeking consolidation for all purposes before the Honorable Beth Bloom, the presiding
judge in the Kilpatrick Action. Counsel for Kilpatrick and Lively have also agreed that once
consolidation is effectuated, a Consolidated Class Action Complaint will be filed so that there is
only one action moving forward.

-2Stipulation and [Proposed] Order to Transfer Venue to the United States District
Court for the Southern District of Florida

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the TCPA.2 The Motion to Transfer is set for oral argument on June 17, 2015.

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Since the filing of the Motion to Transfer, the parties in this action and in the

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Kilpatrick Action have conferred and have agreed that a transfer of the Lively Action to the

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Southern District of Florida, so that it can be consolidated for all purposes into the

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Kilpatrick Action and a Consolidated Class Action Complaint can be filed, is appropriate to

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avoid duplicative litigation, to further the convenience of the parties and witnesses, and to

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best serve the interests of justice.3 Thus, given the alleged similarities between the two

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cases, the fact that the same underlying conduct is being challenged, and that some of the

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Defendants in both cases are alleged to be involved in some fashion, the Parties request

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that the Court transfer this case to the Southern District of Florida, pursuant to 28 U.S.C. §

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1404(a), so it may ultimately be consolidated with the Kilpatrick Action.

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Dated: June 4, 2015

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By:

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/s/ John P. Kristensen
Christopher W. Wood (SBN 193955)
[e-mail]
Kelsey J. Fischer (SBN 292262)
[e-mail]

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Respectfully submitted,

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Compare the current Complaints in each action, copies of which are attached as Composite
Exhibit “A” for the Court’s convenience.
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By joining in Plaintiff’s Motion to Transfer, Defendants do not admit or acknowledge the truth
or veracity of any of Plaintiff’s allegations in either the Amended Complaint or the Motion to
Transfer. In fact, Defendants expressly deny those allegations and have set forth their
respective defenses in their respective Motions to Dismiss and/or Answers and Affirmative
Defenses. Nor do Defendants intend to concede that any of the requisite elements set forth in
Federal Rule of Civil Procedure 23 are satisfied and nothing contained in this Stipulation or in
the Motion to Transfer can be used against Defendants to support any argument for class
certification. The purpose of this Stipulation is to have this case transferred to the Southern
District of Florida so that it can be consolidated with a similar case and so that the related
proceedings can be coordinated. The idea is to avoid having Defendants be subject to similar
competing putative class actions (to the extent a class is deemed appropriate) throughout the
country and to avoid duplicative discovery and other pre-trial proceedings. Defendants have
consented to the Motion to Transfer solely out of convenience and to avoid the time, expense
and inconsistencies that could sometimes result from multiple class actions pending in different
venues. Finally, Defendants and Plaintiffs agree that they will seek consolidation before the
Kilpatrick court, Plaintiffs will file a Consolidated Class Action Complaint and the parties will
jointly request the implementation of a reasonable schedule moving forward in a coordinated
manner before Judge Bloom in the Southern District of Florida.
-3Stipulation and [Proposed] Order to Transfer Venue to the United States District
Court for the Southern District of Florida

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Dreyer Babich Buccola
Wood Campora, LLP

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John P. Kristensen (SBN 224132)
[e-mail]
David L. Weisberg (SBN 211675)
[e-mail]
Kristensen Weisberg, LLP

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Attorneys for Plaintiff

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Jeffrey A. Backman (Pro Hac Vice)
Fla. Bar No. 662501
[e-mail]
Richard W. Epstein (Pro Hac Vice)
FL Bar No. 229091
[e-mail]
GREENSPOON MARDER, P.A.

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ROBERT S. BOULTER (SBN 153549)
[e-mail]

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Attorneys for Defendant Caribbean Cruise
Line, Inc.

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Kenneth C. Mennemeier (SBN 113973)
980 9th Street, Suite 2190
Sacramento, CA 95814
Telephone: [phone]
[e-mail]
MENNEMEIER GLASSMAN LLP

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Attorneys for Defendants Sun Bridge
Systems, LLC and The Marketing Source

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ORDER

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Based on the foregoing, and finding that it is in the interests of justice, IT IS

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HEBERY ORDERED that this case be transferred to the United States District Court for the

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Southern District of Florida, Fort Lauderdale Division, pursuant to 28 U.S.C. § 1404(A).

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Dated: June 4, 2015

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/s/ JOHN A. MENDEZ
HON. JOHN A. MENDEZ

-4Stipulation and [Proposed] Order to Transfer Venue to the United States District
Court for the Southern District of Florida