UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
June 18, 2010
MAURICIO SOSA, PLAINTIFF,
SCOTT PFEIFFER, ET. AL., DEFENDANTS.
The opinion of the court was delivered by: John A. Houston United States District Judge
ORDER REGARDING NOTICE OF RELATED CASE
On June 11, 2010, the Court received a notice of related case filed in Pedro Hernandez Robles and Jose Ruiz Tarango v. M/Y Nice Try, 10cv1195 H (BGS). In support of this notice, plaintiffs contend the case "arise[s] out of substantially the same set of underlying facts and involve some of the same parties" involved in the case before this Court.
Upon review of the complaints filed in the instant case and Hernandez, this Court finds the two cases do not arise from the same or substantially similar set of underlying facts. The case before this Court involves an accident on the high seas resulting in physical injury including amputation of a portion of Plaintiff Sosa's foot on September 9, 2008, while he was performing his duties. Plaintiffs in 10cv1195 H (BGS) allege that on September 15, 2008, while in port in Ensenada, Baja Mexico, Defendants refused to pay wages, hired agents and employees to assault and batter Plaintiffs, threatened to kill Plaintiff Hernandez Robles, wrongfully removed Plaintiffs from the vessel and defamed Plaintiffs. Other causes of action asserted in Case No. 10cv1195 H (BGS) include false promises/concealment fraud, intentional interference with a business advantage and intentional infliction of emotional distress.
As is evident, the transactions, happenings and events have no relation. Anticipated defenses will be substantially different, and damages sought will not be based upon the same or substantially similar theories. Additionally, it is a stretch to presume that the same or substantially similar questions of law predominate on the causes of action alleged.
Accordingly, IT IS HEREBY ORDERED the Court DECLINES to consent to the transfer of Case No. 10cv1195 H (BGS) pursuant to the "low number" rule.
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