Opinion
4:20-CV-5473-YGR 4:21-CV-4952-YGR 4:21- CV-7474-YGR 4:21-CV-7741-YGR
12-01-2021
Marcelino Castro, Plaintiff, v. Gardner Trucking, Inc., Defendant. Kasper Leuzinger, Plaintiff, v. Gardner Trucking, Inc., et al., Defendants. William Matney-Tate, Plaintiff, v. Gardner Trucking, Inc., et al., Defendants. Michael Allen Jensen, Plaintiff, v. CRST Expedited, Inc., Defendant.
ORDER DENYING MOTION TO DISMISS AND GRANTING MOTION TO CONSOLIDATE
Re: Dkt. Nos. 11, 19
YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE
Currently pending in this wage-and-hour putative class action are (1) defendant's motion to dismiss under the first-to-file rule and/or to transfer (Dkt. No. 11); and (2) plaintiff's motion to consolidate this action with Castro v. Gardner Trucking, Inc., No. 20-CV-5473-YGR (Dkt. No. 19). Having carefully considered the pleadings, the briefing on the motions, and for the reasons stated on the record at the November 30, 2021 hearing, the Court Denies the motion to dismiss and Grants the motion to consolidate. This action is hereby Consolidated with the Castro action and
Administratively Closed
For the avoidance of doubt, Leuzinger v. Gardner Trucking, Inc., et al, No. 21-CV-4952-YGR is hereby Consolidated with the Castro action and Administratively Closed. It is Further Ordered sua sponte that Matney-Tate v. Gardner Trucking, Inc., et al, No. 21-CV-7474-YGR, is hereby Consolidated with the Castro action and Administratively Closed. The Castro action shall be deemed the Lead Case in which all papers shall be filed therein. The Court hereby Sets a case management conference for January 10, 2022, at 9:00 a.m. Five business days prior, the parties are directed to file an updated case management statement.
It Is So Ordered.