N.B v. Planned Parenthood Federation of America Inc.N.B v. Planned Parenthood Federation of America Inc.
MARY KAY VYSKOCIL, United States District Judge:
On July 30, 2026, Plaintiffs in N.B. et al. v. Planned Parenthood Federation of American Inc., Case No. 1:25-cv-10279, filed a letter requesting that the Court accept as related a case then-pending before Judge Woods: C.B. et al. v. Planned Parenthood of America Inc. et al., Case No. 1:26-cv-05201 (GHW). [ECF No. 26 (1:25-cv-10279)]. The later filed action before Judge Woods, C.B. v. Planned Parenthood, Case No. 1:26-cv-05201, was subsequently reassigned to me as related. Thereafter, the Court entered Orders in both cases directing Plaintiffs to show cause
In response, Plaintiffs in both cases have now moved to consolidate the two actions. [ECF No. 28 (1:25-cv-10279); ECF No. 24 (1:26-cv-05201)]. Defendants have not posed any objection to consolidation in either case. However, Plaintiffs in N.B. et al., Case No. 1:25-cv-10279, also request that the Court appoint Plaintiffs’ counsel Bursor & Fisher, P.A. (“B&F“) as interim class counsel in the consolidated action pursuant to
Having carefully reviewed the parties’ submissions, 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 discovery and trial. Consolidation is plainly appropriate here given the two actions “involve a common question of fact.”
All further filings by the parties 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 renewal. 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 Letter 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 this stage of the proceedings.
The parties are on notice that failure to comply with court orders and the Federal Rules of Civil Procedure, the Local Rules, and this Court‘s Individual Rules of Practice in Civil Cases may result in sanctions, including: monetary sanctions on counsel and the parties; preclusion of claims, defenses, evidence, and motion practice; and the case-terminating sanctions of dismissal for failure to prosecute and default judgment.
SO ORDERED.
Date: August 31, 2026
New York, NY
MARY KAY VYSKOCIL
United States District Judge