Hewlett, et al v. Consolidated World Travel, Inc.

Filing 44

ORDER signed by Senior Judge William B. Shubb on 2/3/2017, CASE TRANSFERRED to District of Illinois pursuant to 28:1404(a). (Reader, L)

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GREENSPOON MARDER, P.A.
RICHARD EPSTEIN (admitted pro hac vice)
[e-mail]
JEFFREY BACKMAN (admitted pro hac vice)
[e-mail]
ROY TAUB (admitted pro hac vice)
[e-mail]
200 East Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
Telephone: [phone]
Facsimile: [phone]
MANATT, PHELPS & PHILLIPS, LLP
CHRISTINE M. REILLY (SBN 226388)
11355 W. Olympic Boulevard
Los Angeles, CA 90064
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Defendant
Consolidated World Travel, Inc.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KINAYA HEWLETT, on Behalf of Herself
and all Others Similarly Situated,

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Plaintiff,
v.

Case No. 2:16-cv-00713-WBS-AC
STIPULATION AND ORDER
TRANSFERRING ACTION TO THE
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF
ILLINOIS

CONSOLIDATED WORLD TRAVEL, INC.
d/b/a HOLIDAY CRUISE LINE,

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Defendant.

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STIPULATION AND [PROPOSED] ORDER TRANSFERRING ACTION TO THE
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
29399932:1 20581:0312

CASE NO. 2:16-CV-00713-WBS-AC

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Plaintiff Kinaya Hewlett and Defendant Consolidated World Travel, Inc. (“CWT”), by and
through their undersigned counsel, hereby stipulate and agree as follows:

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WHEREAS, on April 6, 2016, Plaintiff filed her initial Complaint asserting class action
allegations against CWT for damages and injunctive relief pursuant to the Telephone Consumer
Protection Act, 47 U.S.C. § 227, et seq. in the United States District Court, Eastern District of
California.

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WHEREAS, on June 10, 2016, Plaintiff filed a First Amended Class Action Complaint.

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WHEREAS, as CWT advised the Court in the Joint Status Report filed on August 5, 2016,
(Dkt. No. 20), CWT believed, based on the similarity of Plaintiff’s allegations and the allegations
asserted against CWT in another putative class action, Bakov v. Consolidated World Travel, Inc. d/b/a
Holiday Cruise Line, et. al, No. 1:15-cv-02980 (N.D. Ill.), that this case and Bakov are related.

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WHEREAS, the Bakov case was initially filed a year earlier, on April 3, 2015. On May 6,
2015, nearly one year before Plaintiff filed this action, a third plaintiff filed a putative class action
asserting similar allegations against CWT, this time again in the Northern District of Illinois. See
Herrera v. Consolidated World Travel, Inc., d/b/a Holiday Cruise Line, No. 1:15-cv-0430, at D.E. 1
(N.D. Ill.).

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WHEREAS, the Herrera case was consolidated into the Bakov case before Judge
Leinenweber, and the Consolidated Class Action Complaint was filed on September 17, 2015 (more
than six months before Plaintiff filed her initial complaint in this action).

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WHEREAS, in the course of meeting and conferring over discovery issues, the parties in this
action have conferred and have agreed that a transfer of Plaintiff’s action to the Northern District of
Illinois, so that it can be consolidated for all purposes into the Bakov action, is appropriate to avoid
duplicative litigation and potentially inconsistent determinations involving seemingly overlapping class
memberships, to further the convenience of the parties and witnesses, and to best serve the interests of
justice.
WHEREAS, Plaintiff’s counsel has also conferred with counsel for plaintiffs in Bakov
regarding the issues of transfer and consolidation.

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STIPULATION AND ORDER TRANSFERRING ACTION TO THE
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

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29399932:1 20581:0312

CASE NO. 2:16-CV-00713-WBS-AC

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IT IS HEREBY STIPULATED THAT, given the alleged similarities between the two cases
and that it appears the same underlying conduct is being challenged, the Parties jointly request that the
Court transfer this case to the Northern District of Illinois, pursuant to 28 U.S.C. § 1404(a), so that it
may ultimately be consolidated with the Bakov action before Judge Leinenweber. The parties agree
that all outstanding discovery shall remain in effect.
Dated: February 3, 2017
BURSOR & FISHER, P.A

GREENSPOON MARDER, P.A.

By: /s/ L. Timothy Fisher
L. Timothy Fisher

/s/ Jeffrey A. Backman
Richard W. Epstein
(Admitted Pro Hac Vice)
[e-mail]
Jeffrey A. Backman
(Admitted Pro Hac Vice)
[e-mail]
Roy Taub
(Admitted Pro Hac Vice)
[e-mail]
200 East Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
Tel: [phone]
Fax: [phone]

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L. Timothy Fisher
Annick M. Persinger
Yeremy O. Krivoshey
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

Attorneys for Plaintiff

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MANATT, PHELPS & PHILLIPS, LLP
Christine M. Reilly (SBN 226388)
11355 W. Olympic Boulevard
Los Angeles, CA 90064
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Defendant
Consolidated World Travel, Inc.

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IT IS SO ORDERED.

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Dated: February 3, 2017

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STIPULATION AND ORDER TRANSFERRING ACTION TO THE
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

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29399932:1 20581:0312

CASE NO. 2:16-CV-00713-WBS-AC