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

Case 3:07-cv-05110-WHA

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Filed 12/19/2007

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Elwood Lui (SBN 45538) [email protected] Thomas A. Rector (SBN 199175) [email protected] JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 Hugh Whiting [email protected] (pro hac vice application to be filed) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: (832) 239-3939 Facsimile: (832) 239-3600 Thomas E. Fennell [email protected] (pro hac vice application to be filed) Michael L. Rice [email protected] (admitted pro hac vice) JONES DAY 2727 N. Harwood St. Dallas, TX 75201 Telephone: (214) 220-3939 Facsimile: (214) 969-5100 Attorneys for Defendants MATTEL, INC. AND FISHER-PRICE, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA AMY HARRINGTON, on behalf of herself and all others similarly situated, Plaintiff, v. MATTEL, INC. a Delaware Corp., and FISHER-PRICE INC. a Delaware Corp., and DOES 1 through 100, inclusive, Defendants.

Case No. 07-05110 (MJJ) DEFENDANTS' REQUEST FOR LEAVE TO FILE SUPPLEMENTAL DECLARATION REGARDING DECEMBER 18, 2007 MULTIDISTRICT LITIGATION TRANSFER ORDER

SFI-576097v1

Defendants' Req. for Leave to File Supplemental Dec. Re MDL Transfer Order Case No. 07-05110 (MJJ)

Case 3:07-cv-05110-WHA

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Filed 12/19/2007

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Pursuant to Local Rule 7-3(d), defendants Mattel, Inc. and Fisher-Price Inc. request leave of the Court to file the Supplemental Declaration of Thomas A. Rector Regarding December 18, 2007 Multidistrict Litigation Transfer Order. Defendants make this request to keep the Court abreast of developments before the Judicial Panel on Multidistrict Litigation (the "JMPL") following plaintiff's motion to remand.1 As set forth in defendants' opposition to plaintiff's motion to remand, this action is one of now 22 duplicative and overlapping class actions pending in federal district courts. On September 5, 2007, defendants filed a motion with the JPML to have the cases coordinated in the Central District of California for pretrial proceedings. Defendants filed a Notice of Potential TagAlong Actions to have this action coordinated there as well. See Suppl. Rector Decl., Ex. 1. Yesterday, on December 18, 2007, the JPML issued a Transfer Order granting defendants' motion and transferring eleven of the federal cases to the Central District of California for coordinated pretrial proceedings. See Suppl. Rector Decl., Ex. 2. This case and six other federal cases are identified in the Transfer Order as potential "tag-along" cases and subject to coordination in the Central District of California under JPML Rules. Id. at n.2. Dated: December 19, 2007 Respectfully submitted, JONES DAY

By: /s/ Thomas A. Rector__ Thomas A. Rector Attorney for Defendants Mattel, Inc. and Fisher-Price, Inc.

Plaintiffs' motion for remand was set for hearing on December 11. On December 10, the Court vacated the hearing and ordered that the motion to remand would be decided on the papers (see Docket # 20) and the motion is now pending before the Court.

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-2SFI-576097v1

Defendants' Req. for Leave to File Supplemental Dec. Re MDL Transfer Order Case No. 07-05110 (MJJ)