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Dubee v. P.F. Chang's China Bistro, Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 28, 2011
No. C 10-01937 WHA (N.D. Cal. Nov. 28, 2011)

Opinion

No. C 10-01937 WHA No. C 11-05405 DMR

11-28-2011

LAN DUBEE, individually and on behalf of all others similarly situated, Plaintiffs, v. P.F. CHANG'S CHINA BISTRO, INC., P.F. CHANG'S III, LLC, and DOES 1 through 100, inclusive, Defendants. ZACHARY MORVANT, JEAN ANDREWS, individually and on behalf of all others similarly situated, Plaintiffs, v. P.F. CHANG'S CHINA BISTRO, INC., P.F. CHANG'S III, LLC, and DOES 1 through 100, inclusive, Defendants.


ORDER FINDING CASES ARE NOT RELATED

Defendants P.F.Chang's China Bistro, Inc, and P.F. Chang's III, LLC, filed an administrative motion to consider whether Dubee v. P.F. Chang's China Bistro, Inc., et al., C 10-01937 WHA, should be related to Morvant v. P.F. Chang's China Bistro, Inc., et al., C 11-05405 DMR. By order dated October 28, 2011, the Morvant action was transferred from the United States District Court for the Eastern District of California to the Northern District of California. Transfer was ordered based on the conclusion that transfer to the Northern District would be in the interest of the convenience of the parties and witnesses and the conclusion that the undersigned judge has familiarity with the case and applicable law due to the fact that he presided over the Dubee action, which the order found has similar facts, claims, counsel, and purported class as the Morvant action.

Having reviewed the two case files, the undersigned judge finds that these two actions are not related within the meaning of Civil Local Rule 3-12. The only issues the undersigned judge addressed in the earlier action were related to a motion to transfer and two discovery disputes, both of which involved disputes related to the preliminary steps in the discovery process — namely initial disclosures and responses to the first set of interrogatories and request for production of documents. Because the Dubee action settled before the undersigned judge was able to reach issues related to the merits of the underlying class allegations, no duplication of effort will result from leaving the assignment of the newer action undisturbed, even given the above-stated similarities between the two actions.

IT IS SO ORDERED.

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE


Summaries of

Dubee v. P.F. Chang's China Bistro, Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 28, 2011
No. C 10-01937 WHA (N.D. Cal. Nov. 28, 2011)
Case details for

Dubee v. P.F. Chang's China Bistro, Inc.

Case Details

Full title:LAN DUBEE, individually and on behalf of all others similarly situated…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 28, 2011

Citations

No. C 10-01937 WHA (N.D. Cal. Nov. 28, 2011)