The opinion of the court was delivered by: The Honorable Claudia Wilken United States District Judge
CLASS ACTION JOINT STIPULATION AND [PROPOSED] ORDER CONSOLIDATING CASES AND DEFERRING RESPONSES TO COMPLAINTS PENDING MOTION PRACTICE IN CONNECTION WITH REMOVAL AND REMAND
DATE ACTION FILED: 10/19/12 (Removed 11/02/12) (the "Toth Complaint") in the San Mateo Superior Court on October 19, 2012; 4 2012; federal court, with the Toth action assigned to this Court and the Wiley action assigned to the
WHEREAS, plaintiffs have indicated that they contest the validity of removal jurisdiction and that they intend to move for remand (which defendants intend to oppose); and purpose of the motion to remand and that a schedule should be set for the filing of a consolidated 14 complaint and defendants' responses following either a denial of the motion to remand or a remand 15 to state court;
Litigation, Fourth §§11.12, 11.21 and 31 (2004), the parties stipulate, and the Court hereby orders, as 19 follows: 20 in, or transferred to, this District shall be consolidated into this action for pretrial purposes.
Order shall apply to every such related action, absent order of the
Court. A party that objects to such 24 consolidation, or to any other
provision of this Order, must file an application for relief from this
Order within 30 days after the date on which a copy of the Order is
mailed to the party's counsel, 26 pursuant to Paragraph 6, infra.
severance of any claim or action, for good cause shown.
JOINT STIP & [PROPOSED] ORDER CONSOLIDATING CASES & DEFERRING RESPS TO CPLTS PENDING MOTION PRACTICE IN CONNECTION W/REMOVAL AND REMAND - C 12-5636 (CW) - 1 -
WHEREAS, this action is a putative class action for violations of §§11 and 15 of the Securities Act of 1933 that was initiated by Michael Toth ("Toth") upon the filing of a Complaint 3
WHEREAS, Joe M. Wiley ("Wiley") filed a Complaint for Violation of §§11 and 15 of the Securities Act of 1933 (the "Wiley Complaint") in the San Mateo Superior Court on October 5, 6
WHEREAS, on November 2, 2012, defendants removed the Toth and Wiley actions to Honorable Charles R. Breyer, Case No. C 12-5637 (CRB); 10
WHEREAS, the parties believe that the cases should be related and consolidated for the NOW, THEREFORE, in consideration of the foregoing, and pursuant to Rule 16(c) of the Federal Rules of Civil Procedure, Civil Local Rules 7-12 and 23-1(b), and Manual for Complex 18
CONSOLIDATION OF RELATED CASES
1. The Wiley and Toth actions are related. All related actions that are subsequently filed
2. This Order is entered without prejudice to the rights of any party to apply for for this action.
3. The docket in Civil Action No. C 12-5636 (CW) shall constitute the Master Docket 4. Every pleading filed in the consolidated ...