Mendoza v. Electrolux Home Products, Inc., 4:15-CV-00371 (2018)
Court: District Court, M.D. Pennsylvania
Number: infdco20180821f32
Visitors: 21
Filed: Aug. 20, 2018
Latest Update: Aug. 20, 2018
Summary: ORDER MATTHEW W. BRANN , District Judge . AND NOW , this 20 th day of August 2018, in accordance with the Memorandum Opinion of this same date, IT IS HEREBY ORDERED that: 1. Plaintiffs' Motion for Retransfer to the United States District Court for the Eastern District of California, or in the Alternative, to Consolidate this Action with the Rice/Kukich Consolidated Action (ECF No. 106) is GRANTED in part and DENIED in part. a. This Motion is GRANTED to the extent that it request
Summary: ORDER MATTHEW W. BRANN , District Judge . AND NOW , this 20 th day of August 2018, in accordance with the Memorandum Opinion of this same date, IT IS HEREBY ORDERED that: 1. Plaintiffs' Motion for Retransfer to the United States District Court for the Eastern District of California, or in the Alternative, to Consolidate this Action with the Rice/Kukich Consolidated Action (ECF No. 106) is GRANTED in part and DENIED in part. a. This Motion is GRANTED to the extent that it requests..
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ORDER
MATTHEW W. BRANN, District Judge.
AND NOW, this 20th day of August 2018, in accordance with the Memorandum Opinion of this same date, IT IS HEREBY ORDERED that:
1. Plaintiffs' Motion for Retransfer to the United States District Court for the Eastern District of California, or in the Alternative, to Consolidate this Action with the Rice/Kukich Consolidated Action (ECF No. 106) is GRANTED in part and DENIED in part.
a. This Motion is GRANTED to the extent that it requests the consolidation of this action with Rice/Kukich v. Electrolux Home Products, Inc., No. 4:15-cv-00371, and Mauro v. Electrolux Home Products, Inc., et al., No. 4:18-cv-00539. The Clerk is directed to consolidate these cases within the Rice/Kukich action.
b. Plaintiffs in the now consolidated action are directed to file an Amended Complaint within thirty (30) days of this Order.
c. Contemporaneous with the filing of a Consolidated Amended Complaint, the parties shall file a proposed case management order for this Court's review and potential adoption which contains deadlines allowing for the additional needed discovery and other case management deadlines.
2. Because the filing of this Consolidated Amended Complaint would necessarily supersede the complaints of the now separate actions, motions to dismiss in all three actions will be DENIED AS MOOT without prejudice to the parties refiling in response to the consolidated complaint. Those Motions are as follows:
a. In the Mendoza Action (No. 4:17-CV-02028), Defendants Electrolux Home Products, Inc., Lowe's Home Centers, LLC, Modesto Direct Appliance, Sharp Manufacturing Company of America, and Midea America Corp.'s Motions to Dismiss (ECF Nos. 65, 76, 90, 94) are DENIED without prejudice to refiling following the assertion of a Consolidated Amended Complaint.
b. In the Rice/Kukich Action (No. 4:15-cv-00371), Defendant Electrolux's Motion to Dismiss (ECF No. 147) is DENIED without prejudice to refiling following the assertion of a Consolidated Amended Complaint.
c. In the Mauro Action (No. 4:18-cv-00539), Defendants Electrolux Home Products, Inc., Lowe's Home Centers LLC, and Midea America Corp.'s motions to dismiss (ECF Nos. 55 & 61) are DENIED without prejudice to refiling following the assertion of a Consolidated Amended Complaint.
3. The Clerk is directed to docket the following motions within the lead case, or the Rice/Kukich Action (No. 4:15-cv-00371):
a. Plaintiffs' Ex Parte Motion to Allow Alternative Service on Defendants Midea Microwave and Electrical Appliances Co. Ltd. and Sharp Appliances Thailand Limited, docketed at ECF No. 133 in the Mendoza Action (No. 4:17-CV-02028); and
b. Plaintiff's Motion for Retransfer to the United States District Court for the Northern District of New York, docketed at ECF No. 75 in Mauro Action (No. 4:18-cv-00539).
Source: Leagle
