The opinion of the court was delivered by: The Honorable Susan Illston United States District Judge
STIPULATION AND [PROPOSED]ORDER TO CONSOLIDATE RELATED CASES AND TO SET DATES FOR CONSOLIDATED
Place: Courtroom 10, 19th Floor Trial Date: Not Yet Set Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, plaintiffs Dustin Gormley and Erika McCartney and defendant Nike, Inc. ("Nike") (collectively, "the Parties"), by and 3 through their respective counsel, jointly submit the following Stipulation that the above-captioned related actions be consolidated.
WHEREAS, the above-captioned cases, Dustin Gormley v. Nike, Inc., Case No. 11-cv-00893-SI ("Gormley") and Erika McCartney v. Nike, Inc., et al., Case No. 11-cv-01588-SI ("McCartney"), have been designated as related cases and assigned to the same judge;
WHEREAS, Nike filed its response to the Gormley complaint on April 22, 2011, and its response to the McCartney First Amended Complaint is due on or before May 23, 2011;
WHEREAS, under Rule 42(a) of the Federal Rules of Civil Procedure, the two cases warrant consolidation because they involve common questions of law and fact and because consolidation would advance the interests of judicial economy and efficiency.
STIPULATION NOW, THEREFORE, IT IS STIPULATED AND AGREED, by the Parties, through their respective counsel of record, as follows:
1. Pursuant to Federal Rule of Civil Procedure 42(a), the Gormley and McCartney actions should be consolidated. Plaintiff in McCartney, however, wishes to maintain the complaints independent and preserve the separate nature of her action and defenses.
2. The Parties will coordinate and jointly meet and confer regarding discovery, class certification, dispositive motions, and other pretrial issues to avoid inefficiencies and duplicative efforts. For example, the parties agree judicial economy and efficiency mandate consolidated discovery and briefing with regard to class certification and dispositive motions.
3. In light of the Stipulation, the Case Management Conferences currently set for June 3, 2011 (Gormley) and August 26, 2011 (McCartney) should be taken off calendar, and, 26 pending the Court's approval of the Stipulation, the Parties should be relieved of all their obligations in connection with the currently set Case Management Conferences, including preparation of Rule 26(f) Reports.
4. Regardless of the Court's ruling on the Parties' Stipulation, a joint Case Management Conference should be scheduled for a new date, at least thirty (30) days after Nike 3 files its response to the McCartney complaint.