Leon v. Exponent, Inc. et al

Filing 12

ORDER re 10 Notice (Other) filed by Michael Anthony Leon, 11 Proposed Order filed by Michael Anthony Leon. Signed by Judge Lucy H. Koh on 1/3/2014. (lhklc3, COURT STAFF) (Filed on 1/3/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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M. HELEN BERNSTEIN,
Plaintiff,

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v.
APOLLO GROUP, INC., et al.,
Defendants.

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Case No.: 13-CV-01701-LHK
ORDER DENYING MOTIONS TO
RELATE

Plaintiff M. Helen Bernstein (“Bernstein”) has filed three motions to relate cases pursuant
to Civil Local Rule 3-12. The first seeks to relate Leon v. Exponent, Inc., Case No. 13-CV-05481EJD, to the above-captioned case. Case No. 13-CV-01701, ECF No. 168. The second two seek to
relate In re: for the Issuance of a Subpoena Order Under 28 U.S.C.1782 to Exponent, Inc. dba
Delaware Exponent, Inc. and Celina J. Mikolajczak, P.E. for the Production of Documents for Use
in a Foreign Proceeding, Case No. 13-MC-80270, to the above-captioned case. Case No. 13-MC80270, ECF Nos. 19, 20.
Under Civil Local Rule 3-12(a), actions are related when: “(1) [t]he actions concern
substantially the same parties, property, transaction or event; and (2) [i]t appears likely that there
will be an unduly burdensome duplication of labor and expense or conflicting results if the cases
are conducted before different Judges.” The Court finds that this standard is not met with respect to

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Case No.: 13-CV-01701-LHK
ORDER DENYING MOTIONS TO RELATE

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either Case No. 13-CV-05481 or Case No. 13-MC-80270. The above-captioned action asserts

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various contract and tort claims against the University of Phoenix arising out of Bernstein’s

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experience as a student at that institution. Case No. 13-CV-01701, ECF No. 49. Case No. 13-CV-

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05481, by contrast, appears to state a claim for defamation arising out of incidents relating to

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lithium ion batteries used in airplanes, Case No. 13-CV-05481, ECF No. 1, while Case No. 13-

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MC-80270 seeks to compel the production of documents that purportedly relate to safety issues

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involving lithium ion batteries, Case No. 13-MC-80270, ECF No. 8 at 1-2. The cases are not

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substantially related in terms of either subject matter or defendants, and there is no risk of “unduly

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burdensome duplication of labor and expense or conflicting results” if these cases are not related.

United States District Court
For the Northern District of California

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Accordingly, Bernstein’s Motions to Relate are DENIED.

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IT IS SO ORDERED.

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Dated: January 3, 2014

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 13-CV-01701-LHK
ORDER DENYING MOTIONS TO RELATE