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370 Other Fraud | Illinois Northern
Minute
MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiffs' unopposed motion to consolidate 11 . Plaintiffs seek to have Case No. 26-cv-09173, Bergen v. TOMY International, Inc., reassigned from Judge Martha M. Pacold to this Court for consolidation with this case, 26-cv-08920, Polino et al v. TOMY International, Inc. Under Local Rule 40.4, the Court has discretion to reassign a case if it is "found to be related to an earlier-numbered case," which includes when "the cases involve some of the same issues of fact or law" and meets four requirements: "(1) both cases are pending in this Court; (2) the handling of both cases by the same judge is likely to result in a substantial saving of judicial time and effort; (3) the earlier case has not progressed to the point where designating a later filed case as related would be likely to delay the proceedings in the earlier case substantially; and (4) the cases are susceptible of disposition in a single proceeding." LR 40.4(b)(1)(4). And Federal Rule of Civil Procedure 42(a) allows the Court to consolidate cases if they "involve a common question of law or fact." Fed. R. Civ. P. 42(a); see also Star Ins. Co. v. Risk Mktg. Group, Inc., 561 F.3d 656, 660 (7th Cir. 2009). Here, Plaintiffs argue that consolidation is proper as both pending cases seek to hold Defendant TOMY International, Inc. ("TOMY") liable for the same alleged economic injuries on behalf of the same class of purchasers of the same Boon PIVOT Collapsible Toddler Tower Kitchen Step Stools that were the subject of the same July 16, 2026 recall of approximately 116,000 units. Plaintiffs assert that the claims arise from the same conduct, rest on overlapping legal theories, and seek the same relief. Plaintiffs specifically argue that the Actions share a common question of law or fact, namely whether the products were defective, whether TOMY knew of and failed to disclose the defect, and whether the recall remedy adequately compensates purchasers. These questions, Plaintiffs argue, will be governed by the same proof. Plaintiffs further argue that consolidation will conserve judicial and party resources as it will allow common proof, common questions, and common class issues before one judge. Plaintiffs intend to file a single consolidated class complaint, which will streamline the pleadings and schedule for all parties. Plaintiff contends that no party will be prejudiced by consolidation, as the Related Action sits at the same early stage, so consolidation would neither delay the earlier case nor rush the later one. Defendants do not oppose consolidation. The Court agrees that the cases meet the requirements for consolidation under Local Rule 40.4 and FRCP 42(a). Accordingly, Plaintiffs' motion to consolidate 11 is granted. Case No. 26-cv-09173 is reassigned for all purposes to this Court's calendar and is consolidated with the instant case, Case No. 26-cv-08920. Plaintiffs shall file a Consolidated Class Action Complaint by 9/25/2026. On or before 10/13/2026, the parties shall file a joint initial status report. The Court stays the pending response deadlines in Case No. 1:26 cv-08920 and Case No. 1:26 cv-09173. Mailed notice. (jcm) (Entered: 08/31/2026)
Trademark | Georgia Northern
Amended Answer to Complaint
ANSWER to 1 Complaint by The KINKY MINDED STORE. (dmb)
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