Gamayo v. Match.com, L.L.C.

Filing 48

ORDER by Judge Saundra Brown Armstrong DENYING 5 Motion to Appoint Interim Counsel. Signed by Judge Saundra Brown Armstrong, on 07/13/11 (lrc, COURT STAFF) (Filed on 7/14/2011) Modified on 7/15/2011 (jlm, COURT STAFF).

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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KRISTY GAMAYO, individually and on
9 behalf of all others similarly situated,
Plaintiff,

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Case No: C 11-00762 SBA
ORDER DENYING PLAINTIFF’S
MOTION TO APPOINT INTERIM
COUNSEL

vs.
Docket 5

12 MATCH.COM, L.L.C.,
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Defendant.

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The parties are presently before the Court on Plaintiff’s Motion to Appoint Interim

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Class Counsel. Dkt. 5. Defendant contends that any request for appointment of interim class

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counsel at this juncture is, at best, premature based on the pendency of Defendant’s Motion to

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Dismiss or, in the Alternative, to Transfer, in which Defendant seeks transfer of this case and

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the related actions (i.e., Case Nos. C 11-1076 SBA and C 11-1206 SBA) to the Northern

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District of Texas.

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The Court is persuaded that the instant motion is premature. There presently are two

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earlier-filed putative nationwide class actions pending in the Northern District of Texas that

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allege claims ostensibly arising from the same nucleus of operative facts as those asserted by

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Plaintiff in this case. As such, the issue of whether this and the related actions will proceed in

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this or in another forum should be resolved prior to determining whom to appoint as interim

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lead counsel. Accordingly,

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IT IS HEREBY ORDERED THAT Plaintiff’s Motion to Appoint Interim Class Counsel

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is DENIED without prejudice to renewal following the Court’s adjudication of Defendant’s

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motion to dismiss or transfer. This Order terminates Docket 5.

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IT IS SO ORDERED.
Dated: July 13, 2011

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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