Weltman v. Ortho Mattress, Inc. et al

Filing 47

ORDER denying 37 Motion to Consolidate without prejudice. Signed by Judge Jeffrey T. Miller on 8/6/09. (tkl) (jrl).

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cc: All parties

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
LEO WELTMAN, vs. ORTHO MATTRESS, INC., Defendant. Plaintiff, on behalf of himself and all persons similarly situated, moves to consolidate the above identified action with a related action, Thomas v. Ortho Mattress, Inc., Case No. 09cv0975 JM(WMc). The only Defendant in both actions, Ortho Mattress Inc., does not oppose the motion to consolidate but requests a 90 day extension of time to complete discovery. The court denies the motion to consolidate without prejudice because Thomas seeks to represent a class of employees including both Salespersons and Store Managers whereas Weltman seeks to represent a class consisting of Salespersons only. As the two actions seek to represent two different classes, the motion is denied without prejudice. Plaintiffs may renew the motion to consolidate following a hearing on class certification. IT IS SO ORDERED. DATED: August 6, 2009 Hon. Jeffrey T. Miller United States District Judge Plaintiff, CASE NO. 08CV0840 JM(WMc) ORDER DENYING MOTION TO CONSOLIDATE WITHOUT PREJUDICE

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08cv0840