Cruz v. AT&T Mobility LLC et al

Filing 21

ORDER denying 20 Stipulation to coordinate cases for pretrial purposes. Signed by Judge Thelton E. Henderson on 01/05/12. (tehlc3, COURT STAFF) (Filed on 1/5/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CARMEN CRUZ,

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v.
AT&T MOBILITY SERVICES LLC,
et al.,

NO. C11-4508 TEH
ORDER DENYING
STIPULATION TO
COORDINATE CASES FOR
PRETRIAL PURPOSES

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For the Northern District of California

United States District Court

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Plaintiff,

Defendants.
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On January 3, 2012, the parties filed a stipulation stating that “this case is one of

15 approximately 93 pending cases which Plaintiff’s counsel has filed throughout the United
16 States District Courts in California against Defendant AT&T Mobility Services LLC on
17 behalf of current or former employees based on allegations of unpaid overtime compensation
18 and violations of the Fair Labor Standards Act.” Jan. 3, 2012 Stip. at 1. They ask that this
19 Court coordinate for pretrial purposes the eleven cases pending in this district, as well as all
20 “additional related actions [that] may be transferred to, removed to, or filed” here. Id. at 2.
21 However, the other ten cases currently pending in this district are assigned to other judges,
22 and the parties have cited no authority by which this Court can coordinate actions that are
23 before other judges. Nor, in any case, have the parties made any showing to support their
24 conclusory assertions that pretrial coordination of these cases is warranted. Accordingly, the
25 request is DENIED.
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Moreover, because over 80 cases are pending in other district courts, coordination of

27 all cases in this district would still leave the vast majority of cases proceeding on separate
28 tracks. It appears that the only mechanism by which the parties can achieve the efficiency

1 and consistency they seek is to move for transfer by the Judicial Panel on Multidistrict
2 Litigation pursuant to 28 U.S.C. § 1407.
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4 IT IS SO ORDERED.
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6 Dated: 01/05/12
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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For the Northern District of California

United States District Court

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