MINNEAPOLIS (LN) — Judge Laura M. Provinzino granted the parties’ joint motions and stipulations to consolidate Graziano v. Wagner Spray Tech Corporation with three related cases, ordering that Santana v. Wagner Spray Tech Corporation, Cooper v. Wagner Spray Tech Corporation, and Ali v. Wagner Spray Tech Corporation be merged into the first-filed Graziano action.
The consolidated case will be captioned In re Wagner Spray Tech Corporation Products Liability Litigation, Case No. 26-cv-2073.
Plaintiffs in all four cases assert products liability claims arising from the Power Steamer Recall, raising overlapping causes of action and seeking to represent the same class of individuals. The court held that consolidation under Federal Rule of Civil Procedure 42 was appropriate because the actions involve common questions of law and fact and would promote judicial economy.
The consolidation order is without prejudice to Wagner’s arguments on the merits of the claims and any request for class certification, according to the stipulation filed in the Graziano case.
Under the scheduling order, plaintiffs must confer on a leadership structure and file a motion for appointment of interim class counsel within seven days. Within 30 days after interim counsel is appointed, plaintiffs must file a Consolidated Class Action Complaint. Wagner then has 45 days to file either an answer or a motion under Rule 12.
The order establishes a detailed briefing schedule for any Rule 12 motion, including deadlines for amended complaints, responses, and replies. The court noted that deadlines will be altered only upon a showing of good cause.
The parties also are directed to review Judge Provinzino’s Practice Pointers, available on the court’s website.