Wilson et al v. 5 Choices, LLC et al

Filing 36

ORDER DIRECTING Plaintiff to file a consolidated complaint and setting a ( TELEPHONIC Status Conference for 12/7/2016 04:15 PM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

REBECCA K. WILSON, et al.,
Plaintiffs,
v.

Case No. 16-10659

5 CHOICES, LLC, et al.,
Defendants.
/
ORDER SETTING STATUS CONFERENCE AND DIRECTING PLAINTIFF TO FILE
CONSOLIDATED COMPLAINT
The court held a status conference off the record on November 2, 2016 in which
counsel participated. While several motions to dismiss alleging mandatory arbitration
and choice of venue provisions were pending in this case, (Dkts. ## 14, 15, 26, 28),
Judge Cleland accepted reassignment of a companion case alleging essentially the
same facts and legal theories against largely the same Defendants on behalf of
additional Plaintiffs who are represented by the same counsel who represent Plaintiffs in
the instant case. See Thode v. Insiders Cash, LLC, No. 16-13601 (E.D. Mich.).
In the interests of both judicial economy and minimizing the risk of inconsistent
rulings that could stem from adjudicating motions to dismiss filed in the two cases
individually, the court will direct Plaintiff to file a consolidated complaint which combines
the claims of the two companion cases. Defendants’ counsel indicated that they would
accept service of the consolidated complaint without delay. Because the complaints in
the two cases are very nearly identical, preparation of a consolidated complaint should
not long delay a determination of Defendants’ motions to dismiss. Shortly thereafter the

court will convene a telephonic status conference to determine the steps necessary to
resolve the issues raised in Defendants’ pending motions.
IT IS ORDERED that Plaintiffs shall prepare and file a consolidated complaint
which unites the two companion cases, Wilson, et al., v. 5 Choices, LLC, et al., No. 1613601 (E.D. Mich.), and Thode, et al., v. Insiders Cash, LLC, et al., No. 16-13601 (E.D.
Mich.), under a single case number by Friday, November 17, 2016 at 5:00 P.M.
IT IS FURTHER ORDERED that all counsel appear for a telephonic status
conference on December 7, 2016 at 4:15 p.m. The court will initiate the call.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: November 8, 2016
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, November 8, 2016, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C2
ORDERS\16-10659.WILSON.OrderConsolidation.bss.wpd

2