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Other Statutory Actions | New York Southern
Case Consolidation - Member
CONSOLIDATED MEMBER CASE: Create association to 1:25-cv-10279-MKV.. (sgz)
Order
ORDER granting 24 Letter Motion to Consolidate Cases 25-cv-10279 (as Lead Case) with 26-cv-5201.. IT IS HEREBY ORDERED that N.B. et al., Case No. 1:25-cv-10279, shall be consolidated with C.B. et al., Case No. 1:26-cv-05201 for purposes of discove ry and trial. Consolidation is plainly appropriate here given the two actions "involve a common question of fact." Fed. R. Civ. P. 42(a); see also Barkley v. Olympia Mortg. Co., 557 F. App'x 22, 25 (2d Cir. 2014), as amended (Jan. 30, 2014). Indeed, the two actions here name Planned Parenthood Federation of America, Inc. as a Defendant, challenge the same core conduct, assert overlapping legal claims, seek to certify overlapping classes, and seek the same categories of relief. See Chun Huang v. Canntrust Holdings Inc., No. 19-CV-6396 (JPO), 2020 WL 9077513, at *2 (S.D.N.Y. Apr. 16, 2020) ("The Court easily concludes that consolidation is warranted here. No party has opposed consolidation, and all four actions assert iden tical claims against almost identical defendants on behalf of an identical plaintiff class on the basis of almost identical factual allegations."). Both Plaintiffs request consolidation and Defendant does not oppose. All further filings by the p arties in this consolidated action shall be filed in Case Number 1:25-cv-10279. IT IS FURTHER ORDERED that Plaintiffs' request in N.B. et al., Case No. 1:25-cv-10279, for the appointment of B&F as class counsel is denied without prejudice to ren ewal. Counsel in C.B. et al., Case No. 1:26-cv-05201, relays that it intends to oppose on the merits the motion for appointment of B&F as interim class counsel. [ECF No. 24 (1:26-cv-05201)]. Accordingly, without the benefit of fulsome briefing on the issue, the application for appointment of B&F as interim class counsel is premature and denied without prejudice. IT IS FURTHER ORDERED that, within one week of the entry of this Order, all the parties in the consolidated action shall file a Joint L etter addressing the status of the case and proposing appropriate next steps. The Joint Letter shall provide a proposed briefing schedule for the appointment of interim class counsel as well as address any motions that Defendants intend to raise at t his stage of the proceedings. The Clerk of Court is respectfully requested to file this order in both of the above-captioned cases and terminate docket entries 26 and 28 in N.B. et al., Case No. 1:25-cv-10279 as well as docket entry 24 in C.B. et al., Case No. 1:26-cv-05201. (Signed by Judge Mary Kay Vyskocil on 8/31/2026) (sgz)
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