Gormley v. Nike, Inc.

Filing 20

ORDER CONSOLIDATING CASES; SETTING CONFERENCE Initial Case Management Conference set for 6/3/2011 02:30 PM. (tf, COURT STAFF) (Filed on 5/19/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DUSTIN GORMLEY, individually and on
behalf of all others similarly situated,

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Plaintiffs,
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v.
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NIKE, INC., an Oregon corporation,
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Case No. 11-cv-00893-SI
STIPULATION AND [PROPOSED] ORDER
TO CONSOLIDATE RELATED CASES AND
TO SET DATES FOR CONSOLIDATED
JOINT SCHEDULING CONFERENCE
Judge:
Place:

Hon. Susan Illston
Courtroom 10, 19th Floor

Defendant.
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Trial Date: Not Yet Set
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ERIKA MCCARTNEY, on behalf of herself
and all others similarly situated,

Case No. 11-cv-01588-SI

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Plaintiff,
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v.
NIKE, Inc., an Oregon corporation; and
DOES 1 through 20,

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Defendants.
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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

CASE NOS. 11-CV-00893-SI
& 11-CV-01588-SI

STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE RELATED CASES

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Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, plaintiffs Dustin Gormley

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and Erika McCartney and defendant Nike, Inc. (“Nike”) (collectively, “the Parties”), by and

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through their respective counsel, jointly submit the following Stipulation that the above-

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captioned related actions be consolidated.
RECITALS

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WHEREAS, the above-captioned cases, Dustin Gormley v. Nike, Inc., Case No. 11-cv-

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00893-SI (“Gormley”) and Erika McCartney v. Nike, Inc., et al., Case No. 11-cv-01588-SI

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(“McCartney”), have been designated as related cases and assigned to the same judge;

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WHEREAS, Nike filed its response to the Gormley complaint on April 22, 2011, and its
response to the McCartney First Amended Complaint is due on or before May 23, 2011;

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WHEREAS, under Rule 42(a) of the Federal Rules of Civil Procedure, the two cases

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warrant consolidation because they involve common questions of law and fact and because

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consolidation would advance the interests of judicial economy and efficiency.
STIPULATION

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NOW, THEREFORE, IT IS STIPULATED

AND

AGREED, by the Parties, through their

respective counsel of record, as follows:
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Pursuant to Federal Rule of Civil Procedure 42(a), the Gormley and McCartney
Plaintiff in McCartney, however, wishes to maintain the

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actions should be consolidated.

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complaints independent and preserve the separate nature of her action and defenses.

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2.

The Parties will coordinate and jointly meet and confer regarding discovery, class

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certification, dispositive motions, and other pretrial issues to avoid inefficiencies and duplicative

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efforts. For example, the parties agree judicial economy and efficiency mandate consolidated

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discovery and briefing with regard to class certification and dispositive motions.

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3.

In light of the Stipulation, the Case Management Conferences currently set for

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June 3, 2011 (Gormley) and August 26, 2011 (McCartney) should be taken off calendar, and,

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pending the Court’s approval of the Stipulation, the Parties should be relieved of all their

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obligations in connection with the currently set Case Management Conferences, including

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preparation of Rule 26(f) Reports.

COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

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CASE NOS. 11-CV-00893-SI
& 11-CV-01588-SI

STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE RELATED CASES

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4.

Regardless of the Court’s ruling on the Parties’ Stipulation, a joint Case

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Management Conference should be scheduled for a new date, at least thirty (30) days after Nike

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files its response to the McCartney complaint.

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IT IS SO STIPULATED.

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Dated: May 11, 2011

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COOLEY LLP
MICHELLE C. DOOLIN (179445)
BEATRIZ MEJIA (190948)
JENNIFER M. FRENCH (265422)

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/s/Jennifer M. French
Jennifer M. French

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Attorneys for Defendant
NIKE, INC.

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Dated: May 11, 2011

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HOFFMAN & LAZEAR
H. TIM HOFFMAN (049141)
ARTHUR W. LAZEAR (083603)
CHAD A. SAUNDERS (257810)

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/s/Chad A. Saunders
Chad A. Saunders

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Attorneys for Plaintiff
DUSTIN GORMLEY

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Dated: May 11, 2011

PACIFIC JUSTICE CENTER
ROBERT B. HANCOCK (179438)
MELVIN B. PEARLSTON (54291)

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/s/Robert B. Hancock
Robert B. Hancock
Attorneys for Plaintiff
ERIKA MCCARTNEY

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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

2.

CASE NOS. 11-CV-00893-SI
& 11-CV-01588-SI

STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE RELATED CASES

FILER’S ATTESTATION

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Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that

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all parties have concurred in the filing of this Stipulation to Consolidate Related Cases and to Set

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Dates for Consolidated Joint Scheduling Conference.

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Dated: May 11, 2011

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COOLEY LLP
MICHELLE C. DOOLIN (179445)
BEATRIZ MEJIA (190948)
JENNIFER M. FRENCH (265422)

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/s/Jennifer M. French
Jennifer M. French
Attorneys for Defendant
NIKE, INC.

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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

3.

CASE NOS. 11-CV-00893-SI
& 11-CV-01588-SI

STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE RELATED CASES

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[PROPOSED] ORDER

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Based on the foregoing, and good cause appearing, IT IS HEREBY ORDERED that:

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1.

The following related cases shall be and hereby are consolidated: Dustin Gormley

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v. Nike, Inc., Case No. 11-cv-00893-SI (filed in N.D. Cal. Feb. 24, 2011) and Erika McCartney v.

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Nike, Inc., et al., Case No. 11-cv-01588-SI (removed to N.D. Cal. Apr. 1, 2011).

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2.

The Parties shall coordinate and shall jointly meet and confer regarding discovery,

class certification, dispositive motions, and other pretrial issues.

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The Case Management Conferences currently set for June 3, 2011 (Gormley) and
held on 6/3/11
August 26, 2011 (McCartney) shall be taken off calendar, and the Parties are relieved of their

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obligations in connection with these Case Management Conferences. The Court shall issue a

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new scheduling order for a Joint Case Management Conference.

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IT IS SO ORDERED.

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Dated: 5/18/11

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3.

_______________________________________
THE HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

4.

CASE NOS. 11-CV-00893-SI
& 11-CV-01588-SI

STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE RELATED CASES