Wong v. Bank of America Corporation et al

Filing 38

ORDER to Prepare Joint Statement on Appropriateness of Inclusion in Centralized Proceedings. This order relates to case C12-0527 Wong v. Bank of America, et al. Signed by Judge Thelton E. Henderson on 12/09/2012. (tmi, COURT STAFF) (Filed on 2/9/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 7 8 9 This Order Relates To: Helena Wong v. Bank of America Corp., et al., 1200527 NO. MD 11-2269 TEH MDL. No. 2269 ORDER TO PREPARE JOINT STATEMENT ON APPROPRIATENESS OF INCLUSION IN CENTRALIZED PROCEEDINGS 11 For the Northern District of California United States District Court 10 IN RE: BANK OF AMERICA CREDIT PROTECTION MARKETING & SALES PRACTICES LITIGATION 12 On January 23, 2012, the matter of Helena Wong v. Bank of America Corp., et al. was 13 transferred to the Northern District of California to be assigned to this Court for inclusion in 14 the ongoing multidistrict litigation, In re: Bank of America Credit Protection Marketing and 15 Sales Practices Litigation. 16 In transferring the case, the Panel on Multidistrict Litigation noted that the Defendants 17 dispute the propriety of transfer, and argue that the product purchased by Plaintiff Helena 18 Wong (“Wong”) is not the same product at issue in the ongoing multidistrict litigation. The 19 Panel declined to make a determination on this question, leaving the question of whether 20 including this matter in the multidistrict litigation will help or hinder the efficient resolution 21 of claims. Should this Court find that inclusion of the Wong case will not be beneficial, it 22 may make a recommendation of Remand to the Panel. 23 For this reason, the Court hereby ORDERS the parties in the matter of Wong v. Bank 24 of America, et al. to prepare a joint statement, detailing for the Court each party’s position on 25 the question of whether this matter will benefit from inclusion in the coordinated 26 proceedings, or whether there exist factual distinctions between this case and the coordinated 27 cases which would render inclusion inefficient. In addition to clearly setting forth the 28 position of each party on this question, the joint statement shall include a statement of the 1 facts on which the parties are able to agree, as well as a statement of disputed facts. Should 2 the Court feel that briefing is required, a further order will issue. 3 The parties shall meet and confer on this question prior to preparing the statement, and 4 the joint statement shall be filed on or before March 6, 2012. 5 6 7 IT IS SO ORDERED. 8 9 Dated: 2/9/2012 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT 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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