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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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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

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For the Northern District of California

United States District Court

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IN RE: BANK OF AMERICA
CREDIT PROTECTION
MARKETING & SALES
PRACTICES LITIGATION

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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.
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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.
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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.
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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.
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7 IT IS SO ORDERED.
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9 Dated: 2/9/2012
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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