STIPULATION AND [PROPOSED] ORDER CONSOLIDATING CASES FOR ALL PURPOSES AND PERMITTING FILING OF CONSOLIDATED COMPLAINT

JON S. TIGAR, District Judge.

Plaintiffs in Moonan, et al. v. General Motors LLC, No. 3:18-cv-07054-JST, and Smith, et al. v. General Motors Company, No. 3:19-cv-00021-JST, and General Motors LLC ("GM"),1 the parties in the two related cases pending before this Court, hereby stipulate as follows:

WHEREAS, the Moonan action was filed in this District on November 20, 2018, and the Smith action was filed in this District on January 2, 2019;

WHEREAS, on January 22, 2019, the Court issued an Order relating the two cases pursuant to Northern District of California Civil Local Rule 3-12;

WHEREAS, counsel for all parties in the two cases have conferred and concluded that the Smith action should be consolidated with the Moonan action for all purposes pursuant to Federal Rule of Civil Procedure 42(a) because the cases involve the same or substantially similar questions of law and fact arising from allegations (which GM denies) that GM manufactured and sold vehicles with defective Bosch CP4 diesel fuel pumps;

WHEREAS, the prerequisites for consolidation under Federal Rule of Civil Procedure 42(a) are satisfied here in that (i) both cases arise out of the same or similar issues and call for determination of the same or substantially similar questions of law; (ii) the plaintiffs in each case seek certification of the same state-wide class of current and former owners and/or lessees in California of GM vehicles fitted with a Bosch CP4 fuel pump; and (iii) the plaintiffs in each case seek substantially the same relief;

WHEREAS, consolidation of the two cases would enable more efficient motion practice and discovery and would spare the Court's resources by eliminating the need to oversee multiple cases that will ultimately present largely identical factual and legal determinations;

WHEREAS, counsel for Plaintiffs have met and conferred and have agreed to work cooperatively on behalf of Plaintiffs and the proposed Class;

WHEREAS, the parties have further met and conferred and have reached agreement on a proposed schedule for the filing of a consolidated complaint and response thereto, which would require Plaintiffs to file their consolidated complaint within seven days from the entry of an order granting this Stipulation and would require GM2 to file its response to Plaintiffs' consolidated complaint within forty-five days of the filing of the consolidated complaint;

WHEREAS, The Parties have agreed that, in the event the Court denies the instant Stipulation and Proposed Order, the Parties' proposed schedule would require GM to respond to the current complaints in the Moonan and Smith cases within 30 days of any such order; and

WHEREAS, the parties have agreed that the consolidated complaint will not include plaintiffs with claims pending in the Smith action who are residents of Texas, and that counsel for such Plaintiffs intends to refile file their claims in the Southern District of Texas or to include such claims in an amended complaint in the related action pending in that court, Click, et. al., v. General Motors LLC, No. 18-cv-00455-NRG (S.D. Tex.); and

WHEREAS, in order to allow the parties time to prepare and respond to the consolidated complaint, the parties agree that the Initial Case Management Conference currently set for March 6, 2019 should be deferred by 60 days.

IT IS HEREBY STIPULATED AND AGREED by Plaintiffs and GM, that:

1. Pursuant to Federal Rule of Civil Procedure 42(a), the above-captioned actions are hereby consolidated for all purposes into one action.

2. The master docket and master file for the consolidated actions shall be 3:18-cv-07054-JST and the consolidated action shall bear the caption In re: General Motors LLC CP4 Fuel Pump Litigation.

3. The Plaintiffs shall file a consolidated complaint within 7 days of the Court's entry of its order consolidating the Moonan and Smith actions for all purposes.

4. GM shall have 45 days from the date the consolidated complaint is filed in which to file a response.

5. In the event that GM's response to the consolidated complaint takes the form of a motion to dismiss, Plaintiffs shall have 30 days to oppose the motion, and GM shall have 21 days to file a reply.

6. GM shall not be required to respond to the current Moonan and Smith complaints, except, in the event that this Stipulation and Proposed Order are denied, GM shall respond to the Moonan and Smith Complaints within thirty days of any such order.

7. The parties request that the Initial Case Management Conferences in the Moonan and Smith cases, which are currently set for March 6, 2019, be deferred by 60 days to allow time for the Court and the parties to address consolidation and prepare and respond to the consolidated complaint.

8. This stipulation is without prejudice to any other rights that any party may have including, but not limited to, the right to oppose consolidation of additional actions.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Pursuant to stipulation, and good cause appearing therefore, IT IS SO ORDERED.