In Re Ford Tailgate Litigation

Filing 45

ORDER by Judge Samuel Conti denying (24) Motion to Consolidate Cases; denying (24) Motion to Appoint Counsel in case 3:11-cv-02953-SC; denying (10) Motion to Consolidate Cases in case 3:11-cv-03133-SC (sclc1, COURT STAFF) (Filed on 9/2/2011)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SALLY J. NETTLETON, THERESA THRUN, CAROL WILSON, DENNIS DOUGHERTY, HEATHER S. HARDEE, SPENCER WARE, GARY L. BUCK, and THOMAS M. BUCKHEIT, individually and on behalf of all others similarly situated, ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) FORD MOTOR COMPANY and DOES 1 ) through 100, inclusive, ) ) Defendants. ) __________________________________ ) ) JO ANN GETTMAN, individually and ) on behalf of all others similarly ) situated, ) ) Plaintiff, ) ) v. ) ) FORD MOTOR COMPANY, ) ) Defendant. ) Case No. 11-2953 SC Case No. 11-3133 SC ORDER DENYING MOTIONS TO CONSOLIDATE CASES AND APPOINT INTERIM CLASS COUNSEL 24 25 26 27 28 Before the Court are two related product liability actions brought against Defendant Ford Motor Company ("Ford") in which Plaintiffs allege they purchased Ford vehicles containing a latent defect causing the tailgate to crack. Case Nos. 11-2953-SC ("the 1 2953 action"), 11-3133-SC ("the 3133 action"). 2 eight plaintiffs seek to represent a national class of individuals 3 who purchased certain Ford vehicles during the class period. 4 No. 11-2953, ECF No. 1 ("2953 Compl."). 5 one plaintiff seeks to represent a California class of individuals 6 who purchased certain Ford vehicles during the class period. 7 No. 11-3133, ECF No. 1 ("3133 Compl."). 8 9 Id. In the 2953 action, Case In the 3133 action, Case Plaintiffs' counsel in both actions have filed motions to consolidate the actions and to be appointed interim class counsel United States District Court For the Northern District of California 10 for the consolidated action. 11 Mot."), 24 ("2953 Opp'n"), 35 ("2953 Reply"); Case No. 10-3133, ECF 12 Nos. 10 ("3133 Mot."), 16 ("3133 Opp'n"), 19 ("3133 Reply"). 13 Court has reviewed Plaintiffs' Motions and the papers filed in 14 support of them. 15 similar actions have been filed or will be filed against Ford in 16 this district and outside this district which may necessitate 17 further consolidation. 18 premature. 19 Case No. 11-2953, ECF Nos. 20 ("2953 The It concludes that there is a high likelihood that As such, the Court DENIES these motions as The Court ORDERS the parties, including Defendant Ford, to 20 file declarations within thirty (30) days of this Order providing 21 the names and case numbers of any cases which may be related to 22 these cases, regardless of whether they were filed within this 23 District or outside this District. 24 25 IT IS SO ORDERED. 26 Dated: September 2, 2011 27 28 UNITED STATES DISTRICT JUDGE 2

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