Texas lawyer Stuart Cochran relieved Chief U.S. District Judge Nancy Rosenstengel of a duty to decide whether his potential class action over dangerous blenders duplicated one in California.
Cochran’s client Tommy Gould moved to dismiss his complaint against Blend Jet without prejudice on Sept. 23 and Rosenstengel approved it on Sept. 25.
Cochran and David Nelson of Belleville sued Blend Jet in St. Clair County circuit court for Gould in April, claiming blades broke and blenders overheated and caught fire.
Blend Jet had recalled almost five million blenders.
Blend Jet counsel Alexander Pabon removed the complaint to district court in May on the basis of diverse jurisdiction as a California citizen.
In July, lawyer Zachary Arbitman of Philadelphia moved to intervene on behalf of client Gregory Rittenhouse, lead plaintiff against Blend Jet in the Eastern District of California.
He claimed Gould’s complaint was virtually identical to Rittenhouse’s complaint.
He claimed Rittenhouse’s counsel spent more than 100 hours and more than $10,000 in hard costs thus far.
Cochran responded in August that Gould’s complaint didn’t copy Rittenhouse’s complaint.
He claimed Gould disputed the adequacy of the recall.
He claimed Gould would amend his complaint.
Arbitman replied that Gould’s interest might harm Rittenhouse’s interest.
He claimed Gould demonstrated willingness to compromise in a way that would harm Rittenhouse and the class.
Rosenstengel took it under advisement and hadn’t ruled when Cochran stopped the action.
He opened and closed 17 consumer suits in district court from 2016 through last year.
He has filed four this year and his complaints against Post Consumer Brands, Red Lobster, and dip maker La Terra Fine remain pending.
This article was first published in Madison Record.
