Free Notice (Other) - District Court of California - California

Case 3:07-cv-02226-DMS-AJB

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Filed 12/14/2007

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1 MARIA C. ROBERTS, State Bar No. 137907 RONALD R. GIUSSO, State Bar No. 184483 2 SHEA STOKES, A LAW CORPORATION 510 MARKET STREET, THIRD FLOOR 3 SAN DIEGO, CALIFORNIA 92101-7025 TELEPHONE: (619) 232-4261 4 FACSIMILE: (619) 232-4840 5 Attorneys for Specially Appearing Defendant HARRAH'S ENTERTAINMENT, INC. 6 7 8 9 10 11 JAMES M. KINDER, 12 13 vs. 14 HARRAH'S ENTERTAINMENT, INC. and DOES 1 through 100, inclusive, 15 Defendants. 16 17 18 Specially Appearing Defendant Harrah's Entertainment, Inc. files this response to RESPONSE BY SPECIALLY APPEARING DEFENDANT HARRAH'S ENTERTAINMENT INC. TO NATIONWIDE RECOVERY SYSTEMS, LTD.'S NOTICE OF RELATED CASES [L.R. 40.1.E.] IN SOUTHERN DISTRICT CASE NO. 3:07-CV02132 H (CAB) Plaintiff, CASE NO. 07 CV 2226 H (RBB) Judge: Mag. Judge: Hon. Marilyn L. Huff Hon. Ruben B. Brooks UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

19 Nationwide Recovery Systems, Ltd.'s Notice of Related Cases filed in Southern District Case No. 20 3:07-CV-02132 H (CAB) as follows: 21 22 1. On December 10, 2007, Nationwide Recovery Systems, Ltd. ("Nationwide") filed a

23 Notice of Related Cases pursuant to Southern District of California Local Rule 40.1(e). Nine 24 separate cases are listed in the Notice. James M. Kinder is the named plaintiff in all nine of the 25 cases. Among the cases listed, is the case of James M. Kinder v. Harrah's Entertainment, Inc., 26 Case No. 07cv2226-H(RBB) (filed 11/21/2007). 27 / / / 28 / / /
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CASE NO. 07 CV 2226 H (RBB)

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Nationwide states in the Notice that KINDER filed the listed cases under the

2 Telephone Consumer Protection Act of 1991. However, Specially Appearing Defendant Harrah's 3 Entertainment, Inc. believes its case is not related to the other listed cases in such a way as to 4 "effect a saving of judicial effort and other economies." (S.D.L.R. 40.1(e).) 5 6 3. As noted in the notice of related cases, the case of Kinder v. Harrah's

7 Entertainment, Inc. involves multiple other causes of action in addition to the cause of action 8 under the Telephone Consumer Protection Act claim. Further, Specially Appearing Defendant 9 Harrah's Entertainment, Inc. has already filed a responsive pleading to KINDER's complaint. In 10 its responsive pleading, Specially Appearing Defendant Harrah's Entertainment, Inc. has contested 11 this Court's exercise of personal jurisdiction over Specially Appearing Defendant. Further, 12 Specially Appearing Defendant moved to dismiss Kinder's complaint for failure to state a claim 13 pursuant to Federal Rule of Civil Procedure 12(b)(6). Specially Appearing Defendant's motion to 14 dismiss is set for hearing before the Honorable Marilyn L. Huff of the United State District Court, 15 Southern District of California, on January 7, 2008, at 10:30 a.m. 16 17 4. Consolidating the case of Kinder v. Harrah's Entertainment, Inc. with the other

18 eight cases listed in the notice of related cases would not serve the purposes of Local Rule 40.1(e) 19 of effecting a saving of judicial effort and other economies. Accordingly, Specially Appearing 20 Defendant Harrah's Entertainment, Inc. respectfully requests the case of Kinder v. Harrah's 21 Entertainment, Inc., Case No. 07cv2226-H(RBB) not be consolidated with the other cases listed in 22 the notice of related cases and that it not be determined to be a "related case." 23 SHEA STOKES, ALC 24 25 26 27 28
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Dated: December 14, 2007

By: /s/Ronald R. Giusso Maria C. Roberts Ronald R. Giusso Attorneys for Specially Appearing Defendant HARRAH'S ENTERTAINMENT, INC.

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CASE NO. 07 CV 2226 H (RBB)

Case 3:07-cv-02226-DMS-AJB

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