Jennifer Kirk et al v. Health Net, Inc. et al
Filing
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RELATED CASE ORDER signed by District Judge Kimberly J. Mueller on 6/14/2011. Actions 11-CV-1447, 11-CV-1449, and 11-CV-1451 are now RELATED and deemed CONSOLIDATED with this matter. Plaintiffs shall file a consolidated Complaint w/in 30 days of Court's entry of Order. Defendants shall file any responsive pleading or Motion w/in 45 days of filing of Complaint. If Motion filed, plaintiffs shall have 30 days to respond and defendants shall have 15 days to Reply. (Marciel, M)
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C. Brooks Cutter (SBN 121407)
bcutter@kcrlegal.com
KERSHAW CUTTER & RATINOFF LLP
401 Watt Avenue
Sacramento, California 95864
Telephone: (916) 448-9800
Facsimile: (916) 669-4499
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Attorneys for Plaintiff Pornpetch Assavarungnirun
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Eric H. Gibbs (SBN 178658)
ehg@girardgibbs.com
GIRARD GIBBS LLP
601 California Street, Suite 1400
San Francisco, California 94108
Telephone: (415) 981-4800
Facsimile: (415) 981-4846
Michael F. Ram, (SBN 104805)
mram@rocklawcal.com
RAM, OLSON, CEREGHINO &
KOPCZYNSKI LLP
555 Montgomery Street, Suite 820
San Francisco, CA 94111
Telephone: (415) 433-4949
Facsimile: (415) 433-7311
Attorneys for Plaintiffs Donald Johnston, et al.
Attorneys for Plaintiff Catherine Eandi
Attorneys for Plaintiff Rachel Avila
Attorneys for Plaintiff Cecil Orenzo Bowman
Karin Kramer (SBN 87346)
karinkramer@quinnemanuel.com
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
555 Twin Dolphin Dr., 5th Floor
Redwood Shores, California 94065
Telephone: (650) 801-5000
Facsimile: (650) 801-5100
Ethan P. Schulman (SBN 112466)
eschulman@crowell.com
CROWELL & MORING LLP
275 Battery Street, 23rd Floor
San Francisco, CA 94111
Telephone: (415) 365-7852
Facsimile: (415) 986-2827
Attorneys for Defendants Health Net of
California, Inc. and Health Net, Inc.
Attorneys for Defendant International
Business Machines Corporation
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Additional counsel listed on signature page
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DWIGHT WHITAKER,
Plaintiff,
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v.
HEALTH NET OF CALIFORNIA, INC., et
al.,
Defendants.
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Case No. 11-CV-00910 KJM DAD
STIPULATION AND ORDER TO
REASSIGN CASES PURSUANT TO LOCAL
RULE 123 AND CONSOLIDATE ALL
REASSIGNED CASES PURSUANT TO FED.
R. CIV. P. 42(a)(2)
STIPULATION AND ORDER TO REASSIGN AND CONSOLIDATE CASES
CASE NO. 2:11-CV-00910-KJM-DAD
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PORNPETCH ASSAVARUNGNIRUN,
Plaintiff,
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v.
HEALTH NET OF CALIFORNIA, INC., et
al.,
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Defendants.
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RACHEL AVILA,
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Plaintiff,
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v.
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HEALTH NET, INC, et al.,
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Defendants.
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ALANA BOURNAS,
Plaintiff,
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v.
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HEALTH NET, INC., et al.
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Defendants.
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CECIL ORENZO BOWMAN,
Plaintiff,
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v.
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HEALTH NET, INC., et al.
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Defendants.
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Case No. 11-CV-1008 KJM DAD
Case No. 11-CV-01097 KJM DAD
Case No. 11-CV-01262 KJM DAD
Case No. 11-CV-01320 KJM DAD
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STIPULATION AND ORDER TO REASSIGN AND CONSOLIDATE CASES
CASE NO. 2:11-CV-00910-KJM-DAD
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JENNIFER KIRK, et al.,
Plaintiffs,
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v.
HEALTH NET, INC., et al.,
Defendants.
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DONALD JOHNSTON, et al.,
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Plaintiffs,
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v.
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HEALTH NET OF CALIFORNIA, INC., et
al.,
Defendants.
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Case No. 11-CV-01376 KJM DAD
Case No. 11-CV-01377 KJM DAD
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STIPULATION AND ORDER TO REASSIGN AND CONSOLIDATE CASES
CASE NO. 2:11-CV-00910-KJM-DAD
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I.
RELATION OF CASES AND REASSIGNMENT
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The parties, by and through their attorneys of record, hereby stipulate as follows:
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Whereas, pursuant to orders entered on May 4, 2011, and June 8, 2011, Whitaker v. Health Net
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of California, Inc., 2:11-cv-00910-KJM-DAD, Assavarungnirun v. Health Net of California, Inc., 2:11-
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cv-01008-KJM-DAD, Avila v. Health Net, Inc., 2:11-cv-01097-KJM-DAD, Bournas v. Health Net, Inc.,
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2:11-cv-01262-KJM-DAD, Bowman v. Health Net, Inc., 2:11-cv-01320-KJM-DAD, Johnston v. Health
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Net, Inc., 2:11-cv-01377-KJM-DAD, and Kirk v. Health Net, Inc., 2:11-cv-01376-KJM-DAD, are
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related cases assigned to the Honorable Kimberly J. Mueller,
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Whereas, Eandi v. Health Net, Inc. of California, 2:11-cv-01449-JAM-GGH, was transferred to
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the Eastern District of California on May 26, 2011, and is pending before the Honorable John A.
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Mendez,
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Whereas, Eandi v. Health Net, Inc. of California, 2:11-cv-01451-FCD-GGH, was transferred to
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the Eastern District of California on May 26, 2011, and is pending before the Honorable Frank C.
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Damrell,1
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Whereas, Green v. Health Net, Inc., 2:11-cv-01447-JAM-GGH, was transferred to the Eastern
District of California on May 26, 2011, and is pending before the Honorable John A. Mendez,
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Whereas, the above-listed actions are all brought as class actions against Health Net, Inc. and
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International Business Machines Corp. and all but two are also brought against Health Net of California,
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Inc.,
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Whereas, all of the above-listed actions allege violations of the Confidentiality in Medical
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Information Act, Cal. Civ. Code § 56, et seq., and all but three allege violations of the Unfair
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Competition Law, Bus. & Prof. Code § 17200, et seq.,
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Whereas, all of the above-listed actions involve the alleged loss of personal, medical and
financial information of current and former Health Net of California, Inc. members in early 2011,
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Eandi v. Health Net, Inc. of California was initially filed as a single action in the Superior Court for
the County of San Francisco. The action was split when Defendants separately removed the action to
the Northern District of California. Judge Jeffrey S. White ordered the two actions consolidated on May
26, 2011, and transferred the consolidated action to the Eastern District of California. Despite the
consolidation order, the actions were transferred separately to the Eastern District and given unique case
numbers.
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STIPULATION AND [PROPOSED] ORDER TO REASSIGN AND CONSOLIDATE CASES
CASE NO. 2:11-CV-00910-KJM-DAD
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Whereas, assignment of the above-listed actions to the same judge is likely to effect a substantial
savings of judicial effort, to avoid inconsistent rulings, and to be convenient for the parties,
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Whereas, the ten above-listed actions are pending before three different judges in the Eastern
District of California,
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Whereas, Whitaker v. Health Net of California, Inc. is the lowest-numbered of the above-listed
actions pending in this District,
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Therefore, the parties hereby stipulate that:
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1. The above-listed actions are related within the meaning of Local Rule 123;
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2. Eandi v. Health Net, Inc. of California, 2:11-cv-01449-JAM-GGH should be reassigned to
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Judge Mueller;
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3. Eandi v. Health Net, Inc. of California, 2:11-cv-01451-FCD-GGH, should be reassigned to
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Judge Mueller; and
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4. Green v. Health Net, Inc., 2:11-cv-01447-JAM-GGH, should be reassigned to Judge Mueller.
II.
CONSOLIDATION OF CASES AND RELATED SCHEDULE
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Moreover, the parties, by and through their attorneys of record, further stipulate as follows:
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Whereas, the actions listed in Section I involve common questions of law or fact,
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Whereas, consolidation of the actions listed in Section I will avoid unnecessary cost and delay,
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Therefore, the parties hereby stipulate that,
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1. Once all of the actions listed in Section I are transferred to Judge Mueller, they should be
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consolidated pursuant to Federal Rule of Civil Procedure 42(a)(2),
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2. Plaintiffs shall promptly submit a proposed organization plan (or plans) of Plaintiffs’ counsel,
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3. Plaintiffs shall file a Consolidated Complaint within 30 days of entry of this Order,
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4. Defendants shall file any responsive pleading or motion within 45 days of the filing of
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Plaintiffs’ Consolidated Complaint, and
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STIPULATION AND [PROPOSED] ORDER TO REASSIGN AND CONSOLIDATE CASES
CASE NO. 2:11-CV-00910-KJM-DAD
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5. Defendants shall not answer or respond to any complaint or amended complaint filed in any
of the actions listed in Section I, with the exception of the Consolidated Complaint.
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DATED: June 10, 2011
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By
/s/ C. Brooks Cutter
C. Brooks Cutter
Attorneys for Plaintiff Pornpetch Assavarungnirun
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KERSHAW CUTTER RATINOFF LLP
DATED: June 10, 2011
GIRARD GIBBS LLP
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By
/s/ Eric H. Gibbs
Eric H. Gibbs
Attorneys for Plaintiffs Donald Johnston, Ronnie
Gayle, and James Kendrick
Attorneys for Plaintiff Catherine Eandi
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DATED: June 10, 2011
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RAM, OLSON, CEREGHINO & KOPCZYNSKI
LLP
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By
/s/ Michael F. Ram
Michael F. Ram
Attorneys for Plaintiff Rachel Avila
Attorneys for Plaintiff Cecil Orenzo Bowman
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DATED: June 10, 2011
SCHNEIDER WALLACE COTTRELL
BRAYTON KONECKY LLP
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By
/s/ Todd M. Schneider
Todd M. Schneider
Attorneys for Plaintiff Callie Green
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STIPULATION AND [PROPOSED] ORDER TO REASSIGN AND CONSOLIDATE CASES
CASE NO. 2:11-CV-00910-KJM-DAD
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DATED: June 10, 2011
KELLER GROVER LLP
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By
/s/ Eric A. Grover
Eric A. Grover
Attorneys for Plaintiff Dwight Whitaker
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DATED: June 10, 2011
AHDOOT & WOLFSON
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By
/s/ Tina Wolfson
Tina Wolfson
Attorneys for Plaintiffs Jennifer Kirk, David
Donnell, and A. Y.
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DATED: June 10, 2011
LIEFF, CABRASER, HEIMANN &
BERNSTEIN, LLP
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By
/s/ Jahan C. Sagafi
Jahan C. Sagafi
Attorneys for Plaintiff Alana Bournas
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DATED: June 10, 2011
CROWELL & MORING LLP
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By
/s/ Ethan P. Schulman
Ethan P. Schulman
Attorneys for Defendants Health Net of California
Inc. and health Net, Inc.
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DATED: June 10, 2011
QUINN EMANUEL URQHART & SULLIVAN,
LLP
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By
/s/ Karin Kramer
Karin Kramer
Attorneys for Defendant International Business
Machines Corporation
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STIPULATION AND [PROPOSED] ORDER TO REASSIGN AND CONSOLIDATE CASES
CASE NO. 2:11-CV-00910-KJM-DAD
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ORDER
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Based on the stipulation of the parties, it is hereby ORDERED that:
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1. Eandi v. Health Net, Inc. of California, 2:11-cv-01449-JAM-GGH, is reassigned from Judge
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Mendez and Magistrate Judge Hollows to Judge Mueller and Magistrate Judge Drozd. The
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caption on documents filed in the reassigned case shall be Civ. No. S-11-01449 KJM DAD.
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2. Eandi v. Health Net, Inc. of California, 2:11-cv-01451-FCD-GGH, is reassigned from Judge
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Damrell and Magistrate Judge Hollows to Judge Mueller and Magistrate Judge Drozd. The
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caption on documents filed in the reassigned case shall be Civ. No. S-11-01451 KJM DAD.
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3. Green v. Health Net, Inc., 2:11-cv-01447-JAM-GGH, is reassigned from Judge Mendez and
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Magistrate Judge Hollows to Judge Mueller and Magistrate Judge Drozd. The caption on
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documents filed in the reassigned case shall be Civ. No. S-11-01447 KJM DAD.
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4. The Clerk of the Court is directed to make appropriate adjustments in the assignment of civil
cases to compensate for the reassignments.
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It is further ORDERED that:
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1. The actions listed in Section I of the above stipulation are consolidated.
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2. All orders, pleadings, motions, and other documents in the consolidated action shall be filed
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and docketed in 2:11-cv-00910-KJM-DAD.
3. Plaintiffs shall file a Consolidated Complaint within 30 days of the Court’s entry of this
Order.
4. Defendants shall file any responsive pleading or motion within 45 days of the filing of
Plaintiffs’ Consolidated Complaint.
5. Should defendants file a motion, Plaintiffs shall have 30 days to respond, and Defendants
shall have 15 days to reply.
6. Except for the Consolidated Complaint, Defendants need not answer or respond to any
complaint or amended complaint filed in any related action.
IT IS SO ORDERED.
Dated: June 14, 2011.
UNITED STATES DISTRICT JUDGE
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STIPULATION AND [PROPOSED] ORDER TO REASSIGN AND CONSOLIDATE CASES
CASE NO. 2:11-CV-00910-KJM-DAD
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