John Utne v. Home Depot U.S.A., Inc.

Filing 15

ORDER DENYING MOTION RELATE CASES (re ADMINISTRATIVE MOTION To consider whether cases should be related, ECF No. 59 in 3:14-cv-04858-JST). Signed by Judge Jon S. Tigar on April 25, 2016. (wsn, COURT STAFF) (Filed on 4/25/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL HENRY, Case No. 14-cv-04858-JST Plaintiff, 8 v. ORDER DENYING MOTION RELATE CASES 9 10 HOME DEPOT U.S.A., INC, Re: ECF No. 59 Defendant. United States District Court Northern District of California 11 12 Before the Court is Plaintiff Michael Henry’s Administrative Motion to Consider Whether 13 Cases Should Be Related. ECF No. 59. Henry moves the Court to relate Utne v. Home Depot 14 U.S.A., Inc., Case No. 16-cv-01854-RS, to this action. Henry argues that both cases involve 15 Home Depot’s alleged violations of Labor and Business and Professions Codes. Home Depot 16 opposes the motion, arguing that the claims are based on different legal theories with different 17 putative classes. ECF No. 60. 18 Having considered the parties papers and the arguments of counsel, the motion is denied. 19 The actions do not concern substantially the same parties, property, transaction or event. Further, 20 it is not likely that there will be an unduly burdensome duplication of labor and expense or 21 conflicting results if the cases are conducted before different judges. See Civil L.R. 3-12. 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: April 25, 2016 ______________________________________ JON S. TIGAR United States District Judge

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