Golden Eagle Insurance v. General Electric Company

Filing 11

ORDER GRANTING JOINT ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES ARE RELATED by Judge Paul S. Grewal, granting 21 in 5:13-cv-00138-PSG: 5:13-cv-00138-PSG, 5:13-cv-00691-PSG and 5:13-cv-00692-PSG are hereby consolidated for all proceedings leading up to and through trial. 5:13-cv-00138-PSG shall be designated as the lead case in the consolidated action. Signed by Judge Paul S. Grewal on 3/5/2013. (ofr, COURT STAFF) (Filed on 3/5/2013)

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GLYNN & FINLEY, LLP
JAMES M. HANLON, JR., Bar No. 214096
LAUREN E. WOOD, Bar No. 280096
One Walnut Creek Center
100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
General Electric Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE FRUIT BARS, INC. and
EMPLOYERS MUTUAL CASUALTY
COMPANY,

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Plaintiffs,

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vs.
GENERAL ELECTRIC COMPANY,

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Defendant.

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Case No. 5:13-cv-00138-PSG
JOINT ADMINISTRATIVE MOTION
TO CONSIDER WHETHER CASES
ARE RELATED; STIPULATION; and
[PROPOSED] ORDER

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Pursuant to Northern District of California Local Rules 3-12 and 7-11 and the

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stipulation filed currently herewith, the parties hereby jointly move the Court to consider

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whether this action is related to and should be consolidated with two other actions recently

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removed to the Northern District of California. Those two actions are Transportation Insurance

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Company v. General Electric Company, No. 5:13-cv-00691-PSG, and Golden Eagle Insurance

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v. General Electric Company, No. 5:13-cv-00692-PSG. These cases were consolidated in state

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court with plaintiffs’ action herein, prior to the removal of each of these actions to this Court.

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All of these actions arise from an October 8, 2011 fire at a commercial building located in San

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Jose. Each plaintiff has sued General Electric Company (“GE”), alleging that a GE product

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caused the October 8, 2011 fire.

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-1JOINT ADMIN. MTN RE: RELATED CASES; STIP.; AND [PROPOSED] ORDER

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All three actions are currently pending before the Honorable Paul S. Grewal,

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United States Magistrate Judge. Further consolidation of these three actions for discovery, pre-

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trial procedure, and trial will avoid unduly burdensome duplication of labor and expenses and

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potentially conflicting results if the cases were to proceed separately.

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The parties in this action have obtained consent to consolidate these actions from

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plaintiffs’ counsel in Transportation Insurance Company v. General Electric Company and

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Golden Eagle Insurance v. General Electric Company.
Respectfully submitted,

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Dated: February 28, 2013
GLYNN & FINLEY, LLP
JAMES M. HANLON JR.
LAUREN E. WOOD

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/s/ Lauren E. Wood
Attorneys for Defendant
GENERAL ELECTRIC COMPANY

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Dated: February 28, 2013
GIBSON ROBB & LINDH LLP
JOSHUA E. KIRSCH

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/s/ Joshua E. Kirsch
Attorneys for Plaintiffs
SAN JOSE FRUIT BARS, INC. and
EMPLOYERS MUTUAL CASUALTY
COMPANY

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-2JOINT ADMIN. MTN RE: RELATED CASES; STIP.; AND [PROPOSED] ORDER

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STIPULATION IN SUPPORT OF JOINT ADMINISTRATIVE MOTION
TO CONSIDER WHETHER CASES ARE RELATED

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WHEREAS, the following actions pending before the Hon. Paul S. Grewal

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concern substantially the same parties, occurrence, or event:
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San Jose Fruit Bars, Inc. and Employers Mutual Casualty Company v.
General Electric Company, No. 5:13-cv-00138-PSG

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

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Transportation Insurance Company v. General Electric Company, No. 5:13cv-00691-PSG

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

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Golden Eagle Insurance v. General Electric Company, No. 5:13-cv-00692PSG

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WHEREAS, consolidation of these actions for discovery, pre-trial procedure, and

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trial will avoid unduly burdensome duplication of labor and expenses and potentially conflicting

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results if the cases were to proceed separately,

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Therefore, the undersigned parties, by and through their counsel stipulate as follows:

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(1) The actions San Jose Fruit Bars, Inc. and Employers Mutual Casualty Company v.

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General Electric Company, No. 5:13-cv-00138-PSG; Transportation Insurance

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Company v. General Electric Company, No. 5:13-cv-00691-PSG; and Golden Eagle

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Insurance v. General Electric Company, No. 5:13-cv-00692-PSG are related cases as

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defined by Northern District of California Local Rule 3-12(a);

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(2) The actions San Jose Fruit Bars, Inc. and Employers Mutual Casualty Company v.

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General Electric Company, No. 5:13-cv-00138-PSG; Transportation Insurance

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Company v. General Electric Company, No. 5:13-cv-00691-PSG; and Golden Eagle

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Insurance v. General Electric Company, No. 5:13-cv-00692-PSG shall be

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consolidated for all proceedings leading up to and through trial;
(3) The first filed action San Jose Fruit Bars, Inc. and Employers Mutual Casualty

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Company v. General Electric Company, No. 5:13-cv-00138-PSG shall be designated

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as the lead case in the consolidated action.

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-3JOINT ADMIN. MTN RE: RELATED CASES; STIP.; AND [PROPOSED] ORDER

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SO STIPULATED:

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Dated: February 28, 2013

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GLYNN & FINLEY, LLP
JAMES M. HANLON JR.
LAUREN E. WOOD
/s/_Lauren E. Wood
Attorneys for Defendant
GENERAL ELECTRIC COMPANY in
Case Nos. 5:13-cv-00138-PSG, -00691PSG, and -00692-PSG

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Dated: February 28, 2013
GIBSON ROBB & LINDH LLP
JOSHUA E. KIRSCH

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/s/ Joshua E. Kirsch
Attorneys for Plaintiffs
SAN JOSE FRUIT BARS, INC. and
EMPLOYERS MUTUAL CASUALTY
COMPANY in Case No. 5:13-cv-00138PSG

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Dated: February 28, 2013
LAW OFFICES OF KATCHIS, HARRIS
& YEMPUKU
ROBERT B. JAVAN

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/s/ Robert B. Javan
Attorneys for Plaintiff
GOLDEN EAGLE INSURANCE in Case
No. 5:13-cv-00692-PSG

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Dated: February 28, 2013
LAW OFFICES OF JEFFREY F. PACCASSI
RICHARD A. LEVINE

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/s/ Richard A. Levine
Attorneys for Plaintiff
TRANSPORTATION INSURANCE
COMPANY in Case No. 5:13-cv-00691PSG
Lauren E. Wood attests that concurrence in the filing of this document has been
obtained from each of the other signatories identified herein.
-4JOINT ADMIN. MTN RE: RELATED CASES; STIP.; AND [PROPOSED] ORDER

[PROPOSED] ORDER

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Pursuant to stipulation, it is hereby ordered that the actions San Jose Fruit Bars,

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Inc. and Employers Mutual Casualty Company v. General Electric Company, No. 5:13-cv-

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00138-PSG; Transportation Insurance Company v. General Electric Company, No. 5:13-cv-

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00691-PSG; and Golden Eagle Insurance v. General Electric Company, No. 5:13-cv-00692-PSG

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are related cases as defined by Northern District of California Local Rule 3-12(a) and are hereby

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consolidated for all proceedings leading up to and through trial.

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The first filed action San Jose Fruit Bars, Inc. and Employers Mutual Casualty
Company v. General Electric Company, No. 5:13-cv-00138-PSG shall be designated as the lead
case in the consolidated action.

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IT IS SO ORDERED.

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March 5, 2013
Dated: ______________________

_____________________________________
Hon. Paul S. Grewal
UNITED STATES MAGISTRATE JUDGE

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-5JOINT ADMIN. MTN RE: RELATED CASES; STIP.; AND [PROPOSED] ORDER