Lichtinger v. The Procter & Gamble Company

Background

Liza Lichtinger brought individual and proposed class claims against The Procter & Gamble Company concerning P&G’s Gum & Enamel Repair toothpaste. The claims arose under California’s Unfair Competition Law and Consumer Legal Remedies Act. The parties described the claims as alleging that P&G’s representations that the product could repair gums were false, misleading, and reasonably likely to deceive consumers.

The stipulation identified two related federal cases: an earlier case in the Southern District of New York and another case in the Middle District of Florida. The parties stated that the cases involved overlapping allegations, proposed classes, and requests for damages and equitable relief. They also represented that P&G had not yet answered or otherwise responded to the complaint in Lichtinger and that no other action had been taken in that case.

Requested Transfer and Consolidation

The parties jointly moved to transfer Lichtinger to the Southern District of New York and consolidate Lichtinger’s claims with the earlier New York case. They relied on the first-to-file rule, a doctrine that generally gives preference to an earlier-filed case when another case involving similar parties and issues is filed elsewhere. They stated that the New York case had been filed before Lichtinger, that both cases involved P&G as the sole defendant, and that both concerned alleged misrepresentations about the same product and product name.

The parties also cited 28 U.S.C. § 1404(a), which permits transfer to another federal district when the parties consent or when transfer would serve convenience and the interests of justice. They represented that the transfer would not prejudice P&G, the private plaintiffs, or the proposed classes, and that no jurisdictional questions were implicated. P&G waived venue arguments it might otherwise have made concerning the Southern District of New York.

Ruling

The court stated, “Pursuant to the parties’ stipulation, IT IS SO ORDERED.” The order therefore approved the stipulated transfer of Lichtinger’s individual and class claims to the United States District Court for the Southern District of New York and their consolidation with the related New York action. The stipulation also provided that the limitations period for Lichtinger’s claims would be governed by applicable law in the jurisdiction where the claims were originally filed.