24 Hour Fitness USA, Inc. Fontenot

Filing 23

ORDER OF SUA SPONTE REFERRAL AS TO WHETHER CASES ARE RELATED. Signed by Judge Nathanael M. Cousins on 06/14/2012. (nclc2, COURT STAFF) (Filed on 6/14/2012)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 10 24 HOUR FITNESS USA, INC., a California corporation dba 24 HOUR FITNESS, 11 Plaintiff, 12 ORDER OF SUA SPONTE REFERRAL AS TO WHETHER CASES ARE RELATED v. 13 14 Case No. 12-cv-02878 NC KIRK FONTENOT, 15 Defendant . 16 17 Northern District Civil Local Rule 3-12(c) provides: “Whenever a Judge believes 18 19 that a case pending before that Judge is related to another case, the Judge may refer the 20 case to the Judge assigned to the earliest-filed case with a request that the Judge assigned 21 to the earliest-filed case consider whether the cases are related.” 22 Upon reviewing of the papers in connection with the order transferring this case 23 from the Western District of Texas, it has come to the Court’s attention that this action 24 might be related to Beauperthuy v. 24 Hour Fitness, Case No. 06-cv-0715 SC. See Pet. to 25 Compel Arbitration at 2-3, Dkt. No. 1 (“Claimant was formerly an opt-in plaintiff in an 26 FLSA collective action entitled Beauperthuy v. 24 Hour Fitness, Case No. C 06 0715 27 (SC), pending in the Northern District of California.”). 28 // Case No. 12-cv-02878 NC ORDER REFERRAL RE CASES RELATED 1 In accordance with Rule 3-12(c), this action is referred to the Honorable Judge 2 Samuel Conti for a determination of whether this action relates to Beauperthuy v. 24 3 Hour Fitness, Case No. 06-cv-0715 SC. 4 IT IS SO ORDERED. 5 DATED: June 14, 2012 6 ___________________________ NATHANAEL M. COUSINS United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 12-cv-02878 NC ORDER REFERRAL RE CASES RELATED 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?