Chavarria v. University of San Diego, No. 3:2020cv02215 - Document 20 (S.D. Cal. 2021)
Court Description: ORDER granting 14 Motion to Consolidate Cases. Cases Consolidated, 20cv1946-LAB-WVG; All future docketing will be done in the lead case; granting 14 Motion for Order. Signed by Judge Larry Alan Burns on 4/7/2021. (jmr)
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Chavarria v. University of San Diego Doc. 20 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 HALEY MARTINEZ and MATTHEW 11 SHERIDAN, on behalf of 12 themselves and all others similarly situated, 13 14 Case No. 3:20cv1946-LAB-WVG Plaintiffs, 15 v. 16 ORDER GRANTING MOTIONS TO CONSOLIDATE CASES, SETTING SCHEDULE, AND DIRECTING PLAINTIFFS TO DESIGNATE INTERIM LIAISON COUNSEL [Dkt. 26] UNIVERSITY OF SAN DIEGO, 17 18 Defendant. 19 CATHERINE HOLDEN, on behalf of 20 herself and all others similarly situated, 21 22 Case No. 20cv2169-LAB-WVG [Dkt. 15] Plaintiff, 23 v. 24 UNIVERSITY OF SAN DIEGO, 25 Defendant. 26 27 [Caption continued on following page.] 28 -1- 3:20cv1946-LAB-WVG 3:20cv2169-LAB-WVG 3:20cv2215-LAB-WVG Dockets.Justia.com 1 EDGAR CHAVARRIA, on behalf of himself and all others similarly 2 situated, 3 4 Case No. 3:20cv2215-LAB-WVG [Dkt. 14] Plaintiff, v. 5 UNIVERSITY OF SAN DIEGO, Defendant. 6 7 8 9 10 Plaintiffs filed a Motion to Consolidate Cases and Set Briefing 11 Schedule for Motion to Dismiss in each of the above-captioned actions (the 12 “Motions”). Defendant University of San Diego subsequently filed Notices of 13 Non-Opposition to the Motions. Plaintiffs’ Motions are each GRANTED. 14 1. The Court finds that the following putative class actions are 15 related as they arise from the same set of facts and substantially-similar legal 16 theories and seek to represent overlapping classes of University of San 17 Diego students who paid tuition and/or fees for any semester during which 18 USD conducted typically in-person activities online in connection with the 19 COVID-19 pandemic (“University of San Diego Tuition and Fees COVID-19 20 Refund Litigation”): 21 22 Abbreviated Case Name 23 Martinez v. University of San Diego 20cv1946-LAB-WVG October 1, 2021 Holden v. University of San Diego 20cv2169-LAB-WVG November 5, 2021 Chavarria v. University of San Diego 20cv2215-LAB-WVG November 13, 2021 24 25 26 27 28 Case Number -2- Date Filed 3:20cv1946-LAB-WVG 3:20cv2169-LAB-WVG 3:20cv2215-LAB-WVG 1 2. The above-referenced actions are consolidated for all purposes, 2 subject to the terms of this Order. 3 3. The caption of the consolidated action will be In re University of 4 San Diego Tuition and Fees COVID-19 Refund Litigation, and the files of the 5 consolidated action will be maintained in one file bearing the low-numbered 6 case number, Master File No. 20cv1946-LAB-WVG. Any other University of 7 San Diego Tuition and Fees COVID-19 Refund Litigation putative class 8 action now pending in, later filed in, or transferred to this Court arising out of 9 or related to the same set of facts will be consolidated for all purposes if and 10 when they are brought to the Court’s attention. 11 4. Every pleading filed in this consolidated action or in any separate 12 putative class action included herein will bear the following caption: 13 14 UNITED STATES DISTRICT COURT 15 SOUTHERN DISTRICT OF CALIFORNIA 16 17 18 19 In re University of San Diego Tuition and Fees COVID-19 Refund Litigation Master File No. 15-cv-2106-LAB-WVG This document relates to: 20 21 22 5. When a pleading is intended to apply to all actions governed by 23 this order, the words “All Actions” shall appear immediately after the words 24 “This document relates to:” in the above-referenced caption. When a 25 pleading is intended to be applicable to only some, but not all, of the 26 consolidated actions, the docket number for each individual action to which 27 the pleading is intended to be applicable and the abbreviated case name of 28 -3- 3:20cv1946-LAB-WVG 3:20cv2169-LAB-WVG 3:20cv2215-LAB-WVG 1 said action will appear immediately after the words “This document relates 2 to:” in the above-referenced caption. 3 6. A Master Docket and a Master File are hereby established for 4 the above consolidated proceedings, and for all other related cases filed in, 5 or transferred to, this Court. Separate dockets will continue to be maintained 6 for each of the individual actions hereby consolidated, and entries will be 7 made in the docket of each individual case in accordance with the regular 8 procedures of the clerk of this Court, except as modified by this Order. 9 7. Upon the filing of a pleading applicable to “All Actions,” the clerk 10 will file that pleading in the Master File and note the filing on the Master 11 Docket. No further copies need be filed, and no other docket entries need be 12 made. When a pleading applicable to fewer than all of the consolidated 13 actions is filed, the clerk will file the pleading in the Master File only but 14 docket it on the Master Docket and the docket of each applicable action. 15 When a putative class action that properly belongs as part of the 16 consolidated action is filed in this Court or transferred to this Court from 17 another court, the clerk of this Court will: 18 (a) Place a copy of this Order in the separate file for such (b) Mail to the attorney for the plaintiff(s) in the newly-filed or 19 action; 20 21 transferred case a copy of this Order and direct this Order be served upon 22 or mailed to any new defendant(s) or their counsel in the newly-filed or 23 transferred case; and 24 (c) Make an appropriate entry on the Master Docket. The 25 Court requests the assistance of counsel in bringing the filing or transfer of 26 any case in this District which properly might be consolidated as part of In re 27 28 -4- 3:20cv1946-LAB-WVG 3:20cv2169-LAB-WVG 3:20cv2215-LAB-WVG 1 University of San Diego Tuition and Fees COVID-19 Refund Litigation to the 2 attention of the clerk of this Court. 3 8. The Court finds that appointment of liaison counsel would 4 simplify case management and further efficient resolution of the consolidated 5 actions. Accordingly, it directs Plaintiffs jointly to designate Interim Liaison 6 Counsel with authority to speak for all plaintiffs in the consolidated action, 7 until the appointment either expires or is modified by Court Order. 8 9. Plaintiffs’ designated Interim Liaison Counsel should have the 9 authority to: (1) serve as the primary contact for communications between 10 the Court and Plaintiffs’ counsel; (2) serve as the primary contact for 11 communications between Plaintiffs and Defendant; and (3) convene 12 meetings among Plaintiffs’ counsel. Interim Liaison Counsel will also 13 maintain the official service list of all Plaintiffs and Plaintiffs’ counsel in the 14 consolidated action, including their addresses, ensure that all notices, 15 orders, and material communications are properly distributed to Plaintiffs and 16 their counsel (to the extent not served via e-filing), and perform whatever any 17 additional functions the Court may assign. 18 10. Service of all papers filed with the Court shall be accomplished 19 by e-filing. Papers not filed with the Court may be served by: (i) e-mail; 20 (ii) overnight mail service; or (iii) hand delivery. Plaintiffs will serve all such 21 unfiled papers by serving Defendant’s counsel. Once Interim Liaison 22 Counsel is designated, Defendant will serve all such unfiled papers by 23 serving Interim Liaison Counsel. Whenever feasible, the serving party shall 24 send courtesy copies simultaneously via e-mail in PDF format to Defendant’s 25 counsel and/or to Liaison Counsel, as applicable. 26 11. This Order shall not affect Defendant’s rights to claim that a 27 named entity is an improper party, that the Court lacks personal jurisdiction, 28 -5- 3:20cv1946-LAB-WVG 3:20cv2169-LAB-WVG 3:20cv2215-LAB-WVG 1 that Defendant has any Federal Rule of Civil Procedure 12 defense or 2 objection, or that the claims against it should be dismissed. Defendant 3 retains any defenses, claims, and objections to any claims, complaints, 4 filings, or allegations made in the complaints already filed or which may be 5 subsequently filed. Nothing in in this Order shall restrict or modify 6 Defendant’s right to move for or request separate trials, proceedings, or 7 determinations at any stage of this litigation. 8 12. The Motions are GRANTED. The April 12, 2021 hearing on the 9 Motions is VACATED. Briefing on Defendant’s pending motions to dismiss 10 in each of the consolidated actions is STAYED, and the hearings on those 11 motions are VACATED. 12 13. Plaintiffs must file: (a) 13 Counsel; and 14 (b) 15 16 On or before April 21, 2021, a designation of Liaison 14. On or before April 28, 2021, a consolidated complaint. Defendant must file their response to the consolidated complaint 17 no later than 21 days after that pleading is filed. 18 19 IT IS SO ORDERED. 20 21 Date: April 7, 2021 22 ____________________________ Hon. Larry Alan Burns United States District Judge 23 24 25 26 27 28 -6- 3:20cv1946-LAB-WVG 3:20cv2169-LAB-WVG 3:20cv2215-LAB-WVG
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