McClendon v. Sensa Products LLC et al

Filing 123

ORDER TO SHOW CAUSE RE: CONSOLIDATION Order to Show Cause Hearing set for Friday 4/13/2012 01:00 PM.. Signed by Judge Yvonne Gonzalez Rogers on 4/5/12. (fs, COURT STAFF) (Filed on 4/5/2012)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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IN RE SENSA WEIGHT LOSS SYSTEM
LITIGATION,

Case No. 11-CV-1650-YGR
And related Case Nos. 11-CV-5516-YGR,
12-CV-1050 YGR
12-CV-1315 YGR

And related actions

ORDER TO SHOW CAUSE RE:
CONSOLIDATION

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

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YOU ARE ORDERED TO SHOW CAUSE WHY this Court should not consolidate In re:

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Sensa Weight Loss System Litigation, CAND Case No. 11-CV-1650-YGR, with the following related
cases: (1) Mahboubian v Sensa Products, LLC, et al., CAND Case No. 11-CV-5516-YGR; (2)

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Cordova v. Sensa Products, LLC, CAND Case No. 12-CV-1050 YGR; and (3) Cruz v. Sensa

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Products, LLC, CAND Case No. 12-CV-1315 YGR. The Mahboubian action, as well as the

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recently-transferred actions in Cordova and Cruz appear to involve the same parties, facts, and

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claims.

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Hearing on this Order to Show Cause shall be held on at 1:00 p.m. on Friday, April 13, 2012,
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at the Federal Courthouse, 1301 Clay Street, Oakland, California, in a courtroom to be designated.
Any written response shall be filed and served no later than April 11, 2012.
The Court notes that it previously directed counsel to submit a motion or stipulation to
consolidate In re: Sensa Weight Loss System Litigation, CAND Case No. 11-CV-1650-YGR with

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Mahboubian v Sensa Products, LLC, et al., CAND Case No. 11-CV-5516-YGR. On March 2, 2012,

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counsel for Mahboubian and Sensa Products, LLC submitted a stipulation and proposed order,

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however such stipulation was denied without prejudice due to failure to obtain the consent of Interim

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Class Counsel in the lead action. (See Order issued March 16, 2012, Case No. 11-CV-5516 YGR,

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Dkt. No. 20.) No stipulation regarding consolidation has been submitted subsequently. The Court

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further notes that the only stipulation submitted subsequently is one to dismiss Plaintiff Mahboubian

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in Case No. 11-CV-5516-YGR, which would leave the action without a named plaintiff.
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Counsel should be prepared to address and clarify the state of the pleadings, consolidation,
and named plaintiffs at the time of the hearing.
IT IS SO ORDERED.
Dated :April 5, 2012
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE