Cook, et al. v. Comcast Corporation, et al.
Filing
36
ORDER RELATING TRANSFERRED CASES; CONTINUING CASE MANAGEMENT CONFERENCES IN RELATED CASES; DEFERRING RULING ON WHETHER STAYED CASES ARE RELATED; AND REQUIRING STATUS REPORT RE STAYED CASES Joint Case Management Statement due by 9/16/2016. Initial Case Management Conference set for 9/23/2016 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge Jeffrey S. White on 8/4/16. (jjoS, COURT STAFF) (Filed on 8/4/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MATTHEW JOHNSON,
Plaintiff,
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United States District Court
Northern District of California
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v.
COMCAST OF
CALIFORNIA/COLORADO/
WASHINGTON I, INC,
Defendant.
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Case No. 10-cv-04147-JSW
DUSTIN POOLE,
Case No. 13-cv-03772-JSW
Plaintiff,
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v.
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COMCAST CORPORATION, et al.,
Defendants.
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DANIEL CANADAY, et al.,
Case No. 15-cv-04648-JSW
Plaintiffs,
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v.
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COMCAST CORPORATION, et al.,
Defendants.
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EDMUNDO ORTEGA, JR., et al.,
Plaintiffs,
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v.
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COMCAST CORPORATION, et al.,
Defendants.
Case No. 15-cv-04676-JSW
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Plaintiffs,
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v.
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COMCAST CORPORATION, et al.,
Defendants.
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LAMBERTO VALENCIA, et al.,
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v.
COMCAST CORPORATION, et al.,
Defendants.
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Plaintiffs,
v.
COMCAST CORPORATION, et al.,
Defendants.
RICHARD NELSON, et al.,
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v.
COMCAST CORPORATION, et al.,
Defendants.
CALEB DUBOIS, et al.,
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Case No. 15-cv-04809-JSW
Plaintiffs,
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Case No. 15-cv-04793-JSW
Plaintiffs,
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Case No. 15-cv-04782-JSW
JEFFREY COLEMAN, et al.,
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Case No. 15-cv-04771-JSW
Plaintiffs,
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United States District Court
Northern District of California
Case No. 15-cv-04732-JSW
JASON WILLIAMS, et al.,
v.
COMCAST CORPORATION, et al.,
Defendants.
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GREGORY PETERS, et al.,
Plaintiffs,
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v.
COMCAST CORPORATION, et al.,
Defendants.
LUPE LANDIN, JR., et al.,
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v.
COMCAST CORPORATION, et al.,
Defendants.
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United States District Court
Northern District of California
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CORY BARRETT HALL,
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v.
COMCAST OF CONTRA COSTA, INC., et
al.,
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Defendants.
FRANCISCO FLORES, et al.,
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v.
COMCAST CORPORATION, et al.,
Defendants.
JOSEPH JOSHUA DAVIS, et al.,
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Case No. 16-cv-04176-JSW
Plaintiffs,
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Case No. 16-cv-04175-JSW
Plaintiff,
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Case No. 16-cv-04174-JSW
Plaintiffs,
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Case No. 15-cv-04869-JSW
Case No. 16-cv-04177-JSW
Plaintiffs,
v.
COMCAST CORPORATION, et al.,
Defendants.
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JAMES K. GRIMES, et al.,
Plaintiffs,
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v.
COMCAST CORPORATION, et al.,
Defendants.
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STEPHEN MCBRIDE, et al.,
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v.
COMCAST CORPORATION, et al.,
Defendants.
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United States District Court
Northern District of California
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LAWRENCE ELKINS, et al.,
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v.
COMCAST CORPORATION, et al.,
Defendants.
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HERNAN PAEZ, et al.,
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v.
COMCAST CORPORATION, et al.,
Defendants.
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KRIS COOK, et al.,
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Case No. 16-cv-04182-JSW
Plaintiffs,
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Case No. 16-cv-04181-JSW
Plaintiffs,
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Case No. 16-cv-04180-JSW
Plaintiffs,
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Case No. 16-cv-04179-JSW
Plaintiffs,
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Case No. 16-cv-04178-JSW
v.
COMCAST CORPORATION, et al.,
Defendants.
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KEVIN HUFFMAN, et al.,
Plaintiffs,
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ORDER RELATING
TRANSFERREDCASES;CONTINUING
CASE MANAGEMENT
CONFERENCES IN RELATED CASES;
DEFERRING RULING ON WHETHER
STAYED CASES ARE RELATED; AND
REQUIRING STATUS REPORT RE
STAYED CASES
v.
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Case No. 16-cv-04183-JSW
COMCAST CORPORATION, et al.,
Defendants.
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1.
The Transferred Cases Are Related.
On July 21, 2016, the Eastern District of California transferred ten cases to this Court. See
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Landin v. Comcast Corp., 16-cv-04174-JSW; Hall v. Comcast Corp., 16-cv-04175-JSW; Flores v.
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United States District Court
Northern District of California
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Comcast Corp., 16-cv-04176-JSW; Davis v. Comcast Corp., 16-cv-04177-JSW; Grimes v.
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Comcast Corp., 16-cv-04178-JSW; McBride v. Comcast Corp., 16-cv-04179-JSW; Elkins v.
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Comcast Corp., 16-cv-04180-JSW; Paez v. Comcast Corp., 16-cv-04181-JSW; Cook v. Comcast
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Corp., 16-cv-04182-JSW; Huffman v. Comcast Corp., 16-cv-04183-JSW (collectively, the
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“transferred cases”). By order of the Executive Committee of this Court, all ten cases were
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assigned to the undersigned.
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On January 15, 2016, the Eastern District of California had ordered that these ten
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transferred cases were related to each other within the meaning of Eastern District of California
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Local Rule 123(a). Following transfer of the ten cases to this Court, Plaintiffs filed a motion to
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relate the ten cases to eight related cases already pending before the undersigned: Canaday v.
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Comcast Corp., 15-cv-04648-JSW; Ortega v. Comcast Corp., 15-cv-04676-JSW; Williams v.
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Comcast Corp., 15-cv-04732-JSW; Valencia v. Comcast Corp., 15-cv-04771-JSW; Coleman v.
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Comcast Corp., 15-cv-04782-JSW; Nelson v. Comcast Corp., 15-cv-04793-JSW; DuBois v.
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Comcast Corp., 15-cv-04809-JSW; and Peters v. Comcast Corp., 15-cv-04869-JSW. Defendants
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responded that they do not believe that the cases meet the definition set forth in Civil Local Rule
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3-12(a), but that they have no objection to coordination of the cases for purposes of discovery or
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deciding common legal issues.
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Upon review of the record, the Court finds that each of the ten transferred cases IS
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RELATED to Canaday v. Comcast Corp., 15-cv-04648-JSW, and all other cases related to
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Canaday, as defined by Civil Local Rule 3-12. Accordingly, the Court GRANTS the motion to
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relate the cases. Because the cases are already assigned to the undersigned, further reassignment
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is not necessary.
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2.
The Court Continues the Case Management Conferences in the Related Cases.
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Case management conferences in all eighteen related cases are currently scheduled for
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September 9, 2016, at 11:00 a.m. On August 1 and 2, 2016, the parties filed a stipulation and
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proposed order in the ten transferred cases only, requesting that the case management conferences
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in the ten transferred cases be moved to September 23, 2016 at 11:00 a.m. The Court GRANTS
this request. The initial case management conferences in the following cases are HEREBY
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United States District Court
Northern District of California
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RESCHEDULED to September 23, 2016 at 11:00 a.m.: Landin v. Comcast Corp., 16-cv-04174-
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JSW; Hall v. Comcast Corp., 16-cv-04175-JSW; Flores v. Comcast Corp., 16-cv-04176-JSW;
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Davis v. Comcast Corp., 16-cv-04177-JSW; Grimes v. Comcast Corp., 16-cv-04178-JSW;
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McBride v. Comcast Corp., 16-cv-04179-JSW; Elkins v. Comcast Corp., 16-cv-04180-JSW; Paez
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v. Comcast Corp., 16-cv-04181-JSW; Cook v. Comcast Corp., 16-cv-04182-JSW; Huffman v.
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Comcast Corp., 16-cv-04183-JSW.
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Additionally, the Court sua sponte RESCHEDULES the further case management
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conferences in the other eight related cases to September 23, 2016 at 11:00 a.m. See Canaday v.
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Comcast Corp., 15-cv-04648-JSW; Ortega v. Comcast Corp., 15-cv-04676-JSW; Williams v.
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Comcast Corp., 15-cv-04732-JSW; Valencia v. Comcast Corp., 15-cv-04771-JSW; Coleman v.
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Comcast Corp., 15-cv-04782-JSW; Nelson v. Comcast Corp., 15-cv-04793-JSW; DuBois v.
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Comcast Corp., 15-cv-04809-JSW; and Peters v. Comcast Corp., 15-cv-04869-JSW.
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The joint case management statement in each of the related cases is due September 16,
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2016. The parties are encouraged to file a single joint case management statement in all of the
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related cases, which may have separate subsections for case-specific topics. The parties may also
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file case-specific joint statements as necessary. If the parties file the same case management
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statement in multiple cases, the parties should file only a single chambers copy, not a duplicate
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chambers copy for each case.
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3.
The Co
ourt Defers Ruling on Whether the Stayed Ca Are Rel
W
e
ases
lated.
On July 13, 2016, the Court ord
y
dered the par
rties to meet and confer to consider whether two
t
o
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ditional case Johnson v. Comcast of California
es,
v
o
a/Colorado/W
Washington I., Inc., No. 10-cvadd
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041
147-JSW, an Poole v. Comcast Cor
nd
C
rporation, N 13-cv-03
No.
3772-JSW, are related to Canaday
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and all other ca related to Canaday. Johnson an Poole are stayed pend
d
ases
t
nd
e
ding final resolution of
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Fay
yerweather v. Comcast Corporation and Comca of Contra Costa, Inc., Superior C
v
C
n
ast
a
Court of
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California in an for Contr Costa Cou
nd
ra
unty No. C-0
08-01470. T parties in Johnson an Poole
The
n
nd
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ve
ered to subm status repo to this c
mit
orts
court every 1 days.
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hav been orde
In respo
onse to the Court’s order the parties request that the stay of Johnson and Poole
C
r,
s
at
f
d
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rem in place for sixty da to permit the parties to discuss v
main
e
ays,
s
voluntary resolution of t
these two
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United States District Court
Northern District of California
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cas
ses. The par
rties request that the Cou defer add
urt
dressing the q
question of w
whether John
nson and
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Poole should be related to Canaday an all other c
b
nd
cases related to Canaday while the st remains
y
tay
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in place. The Court GRAN this request.
p
C
NTS
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4.
The Pa
arties Shall File a Furth Status R
F
her
Report in th Stayed Ca
he
ases.
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The par
rties in Johnson and Poo SHALL f a further joint status report no la than
ole
file
r
ater
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Oc
ctober 3, 2016. In additio to any oth issues th the partie may addre in the join status
on
her
hat
es
ess
nt
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rep
port, the part shall add
ties
dress: (1) wh
hether Johnso and Pool should be related to C
on
le
Canaday and
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all other cases related to Ca
anaday; and (2) whether Johnson an Poole sho
d
r
nd
ould remain stayed.
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IT IS SO ORDER
S
RED.
Da
ated: August 4, 2016
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JE
EFFREY S. W
WHITE
Un
nited States D
District Judg
ge
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