Filed: Mar. 14, 2019
Latest Update: Mar. 14, 2019
Summary: ORDER CONSOLIDATING THESE ACTIONS, REASSIGNING THE CONSOLIDATED MATTER AND SETTING THE MANDATORY SCHEDULING CONFERENCE IN THE CONSOLIDATED ACTION JENNIFER L. THURSTON , Magistrate Judge . In these actions, the plaintiffs bring similar claims and they present similar questions of fact and law. The Court ordered the parties to show cause why the actions should not be consolidated and the parties except Mr. Raymond have responded. The plaintiffs in the Crawford-Smith matter and the defendants
Summary: ORDER CONSOLIDATING THESE ACTIONS, REASSIGNING THE CONSOLIDATED MATTER AND SETTING THE MANDATORY SCHEDULING CONFERENCE IN THE CONSOLIDATED ACTION JENNIFER L. THURSTON , Magistrate Judge . In these actions, the plaintiffs bring similar claims and they present similar questions of fact and law. The Court ordered the parties to show cause why the actions should not be consolidated and the parties except Mr. Raymond have responded. The plaintiffs in the Crawford-Smith matter and the defendants d..
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ORDER CONSOLIDATING THESE ACTIONS, REASSIGNING THE CONSOLIDATED MATTER AND SETTING THE MANDATORY SCHEDULING CONFERENCE IN THE CONSOLIDATED ACTION
JENNIFER L. THURSTON, Magistrate Judge.
In these actions, the plaintiffs bring similar claims and they present similar questions of fact and law. The Court ordered the parties to show cause why the actions should not be consolidated and the parties except Mr. Raymond have responded. The plaintiffs in the Crawford-Smith matter and the defendants do not oppose consolidation.
Federal Rule of Civil Procedure 42(a) allows the Court to consolidate actions involving a common question of law or fact, and consolidation is proper when it serves the purposes of judicial economy and convenience. The Ninth Circuit explained that the Court "has broad discretion under this rule to consolidate cases pending in the same district." Investors Research Co. v. United States District Court for the Central District of California, 877 F.2d 777 (9th Cir. 1989). In determining whether to consolidate actions, the Court weighs the interest of judicial convenience against the potential for delay, confusion, and prejudice caused by consolidation. Southwest Marine, Inc., v. Triple A. Mach. Shop, Inc., 720 F.Supp. 805, 807 (N.D. Cal. 1989).
Due to the similarity of the actions, consolidation serves the purposes of minimizing judicial resources, and the Court anticipates little risk of delay, confusion, or prejudice if the matters are consolidated. Consequently, consolidation is appropriate. See Pierce v. County of Orange, 526 F.3d 1190, 1203 (9th Cir. 2008). Thus, the Court ORDERS:
1. The orders to show cause are DISCHARGED;
2. These actions SHALL be consolidated for all purposes, including trial; and
3. As the earlier filed case, the parties are instructed that all future filings SHALL use the caption set forth above in the Raymond. Despite that the parties in Raymond have consented to Magistrate Judge jurisdiction, because the plaintiffs in the Crawford-Smith matter have not, the consolidated matter is REASSIGNED to District Judge Dale A. Drozd and all future case filings SHALL use case number 1:18-cv-00307 DAD JLT;
4. The case schedule issued in Raymond is VACATED, and the consolidated matter will be rescheduled at a scheduling conference on May 6, 2019 at 9:00 a.m. The parties need not respond to any outstanding written discovery, unless they agree otherwise.
IT IS SO ORDERED.