Patel v. Flushmate
Filing
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STIPULATION AND ORDER GRANTING DEFENDANTS MOTION TO TRANSFER re 17 STIPULATION WITH PROPOSED ORDER GRANTING DEFENDANT'S re 13 MOTION TO TRANSFER DUPLICATIVE LITIGATION PURSUANT TO THE FIRST-TO-FILE RULE. Signed by Judge Jon S. Tigar on April 4, 2013. (wsn, COURT STAFF) (Filed on 4/4/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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PANKAJ PATEL, on behalf of himself and all
others similarly situated,
Case No. 3-13-cv-00736-JST
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[PROPOSED] ORDER GRANTING
DEFENDANT’S MOTION TO
TRANSFER DUPLICATIVE
LITIGATION PURSUANT TO THE
FIRST-TO-FILE RULE, OR,
ALTERNATIVELY, 28 U.S.C. § 1404(a)
Plaintiffs,
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vs.
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FLUSHMATE, a division of SLOAN VALVE
COMPANY
Defendant.
Hon. Jon S. Tigar
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-1[PROPOSED] ORDER GRANTING DEFENDANT'S
MOTION TO TRANSFER
CASE NO. 3:13-CV-00736-JST
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On March 26, 2013, defendant Flushmate, a division of Sloan Valve Company,
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(“Flushmate”) filed a motion to transfer, dismiss, or stay duplicative litigation pursuant to the first-
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to-file rule and 28 U.S.C. § 1404(a) [Dkt. No. 13] (the “First-to-File Motion”). Plaintiff Pankaj
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Patel, on behalf of himself and all others similarly situated, does not oppose the First-to-File Motion.
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Having reviewed and considered the First-to-File Motion and all papers submitted in support
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thereof, and good cause appearing, IT IS HEREBY ORDERED that Flushmate’s First-to-File
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Motion is GRANTED, and this later-filed putative nationwide class action is transferred to the
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United States District Court for the Central District of California so it can then be consolidated with
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United Desert Charities, et al. v. Sloan Valve Co., et al., Case No. 2:12-cv-06878-SJO-SH (C.D.
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Cal.), a previously-filed and substantively similar putative nationwide class action that has been
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pending since August 2012.
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Flushmate shall have 30 days within which to answer or otherwise respond to the Complaint
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following effectuation of transfer to the United States District Court for the Central District of
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California.
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IT IS SO ORDERED.
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April 4, 2013
Dated: ____________
_________________________
Honorable Jon S. Tigar
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United States District Judge
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-2[PROPOSED] ORDER GRANTING DEFENDANT'S
MOTION TO TRANSFER
CASE NO. 3:13-CV-00736-JST
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