Medrano et al v. Party City Corporation, a Delaware Corporation

Filing 32

CONSOLIDATED CASE ORDER signed by Senior Judge William B. Shubb on 9/7/2017 CONSOLIDATING this case with the case denominated 2:17-cv-00962 WBS EFB for all purposes; ORDERING that all pleadings, motions, and other papers be filed in this case with th e caption designating case no. 2:16-cv-02996 WBS EFB as the lead case and containing the name, Pasini v. Party City Corporation, and the case no. 2:17-cv-00962 WBS EFB of the member case thereunder; ORDERING the parties to disclose experts by 3/7/2018 and to disclose rebuttal experts by 4/9/2018; ORDERING that discovery be completed by 5/8/2018; ORDERING that all motions be filed by 6/6/2018; CONTINUING the Final Pretrial Conference to 8/27/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; CONTINUING the Jury Trial to 10/10/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Michel, G.)

1 DAVID F. FAUSTMAN, SBN 81862
L. PETER RYAN, SBN 134291
2 FOX ROTHSCHILD LLP
345 California Street, Suite 2200
3 San Francisco, CA 94104
Telephone: [phone]
4 Facsimile: [phone]
Email: [e-mail]
5
[e-mail]
6 ANDREW W. RUSSELL, SBN 280669
FOX ROTHSCHILD LLP
7 1800 Century Park East, Suite 300
Los Angeles, CA 90067
8 Telephone: [phone]
Facsimile: [phone]
9 Email: [e-mail]
10 Attorneys for Defendant
PARTY CITY CORPORATION
11
12

UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA

14
15
16
17
18
19
20
21
22
23
24
25
26

ANTHONY MEDRANO and NICOLA
GALASSI, individually and on behalf of all
similarly situated individuals,

Case No.: 2:16-cv-02996-WBS-EFB
STIPULATION AND [PROPOSED]
ORDER TO CONSOLIDATE CASES FOR
ALL PURPOSES

Plaintiffs,
v.
PARTY CITY CORPORATION, a Delaware
Corporation, and DOES 1 through 10, inclusive,

Trial Date:

April 10, 2018

Defendants.
JOAN PASINI, on behalf of herself and all
others similarly situated,

Case No.: 2:17-CV-962-WBS-EFB
STIPULATION AND [PROPOSED]
ORDER TO CONSOLIDATE CASES FOR
ALL PURPOSES

Plaintiffs,
v.
PARTY CITY CORPORATION; and DOES 1
through 10, inclusive,

Trial Date:

Defendants.

27
28
1
STIPULATION TO CONSOLIDATE CASES

Not Set

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

WHEREAS, on November 17, 2016, Plaintiffs Anthony Medrano (“Medrano”) and Nicola
Galassi (“Galissi”) filed a Class Action Complaint entitled Anthony Medrano et al. v. Party City
Corporation, Case No. STK-CV-UBT-2016-11712 in the Superior Court of the State of California
for the County of San Joaquin, alleging a single cause of action for violation of 15 U.S.C. §§ 1681
against Defendant Party City Corporation (“Party City”);
WHEREAS, on December 2, 2016, Party City removed the state court action to this Court,
where the case has been assigned Case No. 2:16-cv-02996-WBS-EFB;
WHEREAS, on May 7, 2017, Plaintiff Joan Pasini (“Pasini”) filed a Class Action Complaint
in this Court entitled Joan Pasini v. Party City Corporation, Case No. 2:17-CV-962-WBS-EFB,
alleging the same single cause of action for violation of 15 U.S.C. §§ 1681 et seq. against Defendant
Party City.
WHEREAS, on May 9, 2017, this Court deemed Anthony Medrano v. Party City
Corporation, Case No 2:16-cv-02996-WBS-EFB, and Joan Pasini v. Party City Corporation, Case
No. 2:17-CV-962-WBS-EFB, to be related.
WHEREAS, given the common issues of fact and law, Medrano, Galassi, Pasini, and Party
City (collectively the “Parties”) have hereto worked collaboratively on this matter including jointly
attending a mediation with Hon. Michael Latin (Ret.) on July 6, 2017 and participating in Party
City’s Fed. R. Civ. Proc. 30(b) deposition on August 29, 2017.
WHEREAS, Fed. R. Civ. P. 42 allows this Court consolidate “actions involving a common
question of law or fact”;
WHEREAS, the actions pending before this Court both involve common questions of law
and facts and consolidation would help avoid unnecessary cost and delay;
WHEREAS, the current deadline to disclose experts and produce reports in Anthony
Medrano v. Party City Corporation, Case No 2:16-cv-02996-WBS-EFB is September 8, 2017 and
other deadlines will be coming up shortly;
WHEREAS, pursuant to Federal Rule of Civil Procedure 14, Party City now intends to seek
leave of the Court to file a third-party complaint against third-parties to be joined in this lawsuit

28
2
STIPULATION TO CONSOLIDATE CASES

1
2
3
4
5
6
7
8
9
10
11
12
13

within the next week;
THEREFORE, the Parties hereby stipulate and request that:
1.

The Court consolidate the two pending actions for all purposes;

2.

The Court order that all pleadings, motions, and other papers be filed in the Lead

Case, Medrano v. Party City Corporation, Case No. 2:16-cv-02996-WBS-EFB, with the caption
designating Case No. 2:16-cv-02996-WBS-EFB as the Lead Case, and containing the name and
number for the remaining case Pasini v. Party City Corporation, Case No. 2:17-CV-962-WBS-EFB
thereunder, with any such filing deemed to have been filed in all such cases; and
3.

All pending deadlines previously set in Medrano v. Party City Corporation, Case No.

2:16-cv-02996-WBS-EFB shall apply to the consolidated case and such dates shall be continued by
180 days.
SO STIPULATED
DATED: September 7, 2017

14

Respectfully submitted,
FOX ROTHSCHILD LLP

15
By: /s/ Andrew W. Russell
DAVID F. FAUSTMAN
L. PETER RYAN
ANDREW W. RUSSELL
Attorneys for Defendant
PARTY CITY CORPORATION

16
17
18
19

DATED: September 7, 2017

20

GAINES & GAINES, APLC

21

By: /s/ Daniel Gaines (per confirming email of 9/6/17)
DANIEL F. GAINES
ALEX P. KATOFSKY
Attorneys for Plaintiffs
ANTHONY MEDRANO and NICOLA
GALASSI

22
23
24
25
26
27
28

Respectfully submitted,

DATED: September 7, 2017

Respectfully submitted,
CHANT & COMPANY
A Professional Law Corporation
By: /s/ Chant Yedalian (per confirming email of 9/6/17)

3
STIPULATION TO CONSOLIDATE CASES

1

CHANT YEDALIAN
Attorneys for Plaintiff
JOAN PASANI

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

ORDER
HAVING CONSIDERED THE STIPULATION OF THE PARTIES, THE COURT
ORDERS AS FOLLOWS:
1.

WBS-EFB and Joan Pasini v. Party City Corporation, Case No. 2:17-CV-962-WBS-EFB are hereby
consolidated for all purposes;
2.

2:16-cv-02996-WBS-EFB as the Lead Case, and containing the name and number for the remaining
case Pasini v. Party City Corporation, Case No. 2:17-CV-962-WBS-EFB thereunder, with any such
filing deemed to have been filed in all such cases; and
3.

180 days. The new deadlines shall be as follows:
Deadline to Disclose Experts:

26

August 27, 2018 at 1:30 p.m.

Jury Trial Start Date:
4.

June 6, 2018

Final Pretrial Conference:

22

May 8, 2018

Deadline for Filing of All Motions:

21

April 9, 2018

Discovery Completion Date:

20

March 7, 2018

Deadline to Disclose Rebuttal Expert Witnesses:

19

25

All pending deadlines previously set in Medrano v. Party City Corporation, Case No.

2:16-cv-02996-WBS-EFB shall apply to the consolidated case and such dates shall be continued by

18

24

All pleadings, motions, and other papers shall be filed in the Lead Case, Medrano v.

Party City Corporation, Case No. 2:16-cv-02996-WBS-EFB, with the caption designating Case No.

17

23

The cases Anthony Medrano v. Party City Corporation, Case No 2:16-cv-02996-

October 10, 2018 at 9:00 a.m.

The September 11, 2017 Scheduling Conference now set in Case No. 2:17-CV-962-

WBS-EFB is vacated.
IT IS SO ORDERED.
Dated: September 7, 2017

27
28
4
STIPULATION TO CONSOLIDATE CASES