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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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 CARMEN CRUZ, 8 9 v. AT&T MOBILITY SERVICES LLC, et al., NO. C11-4508 TEH ORDER DENYING STIPULATION TO COORDINATE CASES FOR PRETRIAL PURPOSES 11 For the Northern District of California United States District Court 10 Plaintiff, Defendants. 12 13 14 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. 26 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. 3 4 IT IS SO ORDERED. 5 6 Dated: 01/05/12 7 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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