Roe v. Frito-Lay, Inc.

Filing 128

ORDER by Judge Haywood S. Gilliam, Jr. DENYING ADMINISTRATIVE 127 MOTION TO RELATE CASES. (ndrS, COURT STAFF) (Filed on 4/20/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JANE ROE, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No.14-cv-00751-HSG ORDER DENYING ADMINISTRATIVE MOTION TO RELATE CASES v. FRITO-LAY, INC., Re: Dkt. No. 127 Defendant. 12 13 Before the Court is an administrative motion to consider whether Chism v. PepsiCo, Inc., 14 Frito-Lay, Inc., and First Advantage Background Services Corp., no. 3:17-cv-00152 (the “Chism 15 Matter”), also filed in this District, is related to the above-captioned case. The time to file an 16 opposition has passed. 17 Civil Local Rule 3-12(a) provides that an action is related to another when (1) “[t]he 18 actions concern substantially the same parties, property, transaction, or event” and (2) “[i]t appears 19 likely that there will be an unduly burdensome duplication of labor and expense or conflicting 20 results if the cases are conducted before different Judges.” 21 The Court finds that the Chism Matter is not related to this case within the meaning of 22 Civil Local Rule 3-12. In particular, the Court sees little possibility of “unduly burdensome 23 duplication of labor and expense or conflicting results” if the Chism Matter is conducted before 24 Judge Chhabria. The Court granted final approval of the class action settlement and entered 25 judgment in this case on April 7, 2017. See Dkt. Nos. 125, 126. The only substantive orders the 26 Court issued were for preliminary and final settlement approval; the case is now closed. Given the 27 procedural posture of this case, the Court concludes that relating the Chism Matter to this case is 28 not necessary to avoid duplicative labor or conflicting results. 1 2 3 4 Accordingly, Defendant Frito-Lay, Inc.’s administrative motion to relate the cases is DENIED. IT IS SO ORDERED. Dated: 4/20/2017 5 6 HAYWOOD S. GILLIAM, JR. United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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