Patel v. Flushmate

Filing 18

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