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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JANE ROE,
Plaintiff,

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United States District Court
Northern District of California

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Case No.14-cv-00751-HSG
ORDER DENYING ADMINISTRATIVE
MOTION TO RELATE CASES

v.
FRITO-LAY, INC.,

Re: Dkt. No. 127

Defendant.

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Before the Court is an administrative motion to consider whether Chism v. PepsiCo, Inc.,

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Frito-Lay, Inc., and First Advantage Background Services Corp., no. 3:17-cv-00152 (the “Chism

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Matter”), also filed in this District, is related to the above-captioned case. The time to file an

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opposition has passed.

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Civil Local Rule 3-12(a) provides that an action is related to another when (1) “[t]he

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actions concern substantially the same parties, property, transaction, or event” and (2) “[i]t appears

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likely that there will be an unduly burdensome duplication of labor and expense or conflicting

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results if the cases are conducted before different Judges.”

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The Court finds that the Chism Matter is not related to this case within the meaning of

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Civil Local Rule 3-12. In particular, the Court sees little possibility of “unduly burdensome

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duplication of labor and expense or conflicting results” if the Chism Matter is conducted before

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Judge Chhabria. The Court granted final approval of the class action settlement and entered

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judgment in this case on April 7, 2017. See Dkt. Nos. 125, 126. The only substantive orders the

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Court issued were for preliminary and final settlement approval; the case is now closed. Given the

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procedural posture of this case, the Court concludes that relating the Chism Matter to this case is

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not necessary to avoid duplicative labor or conflicting results.

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Accordingly, Defendant Frito-Lay, Inc.’s administrative motion to relate the cases is
DENIED.
IT IS SO ORDERED.
Dated: 4/20/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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