Filed: Sep. 16, 2018
Latest Update: Sep. 16, 2018
Summary: ORDER GRANTING STIPULATION TO CONSOLIDATE CASES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 42(a)(2) STIPULATION TO CONSOLIDATE CASES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) MORRISON C. ENGLAND, JR. , District Judge . On August 2, 2018, the parties in the case between Plaintiff Annette Horn, in action No. 2:17-cv-01967-MCE-KJN (hereinafter the "Horn Action"), and Plaintiff Tekary Wright, in action No. 2:18-cv-00998-JAM-AC, (hereinafter the "Wright Action"), on the one hand, an
Summary: ORDER GRANTING STIPULATION TO CONSOLIDATE CASES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 42(a)(2) STIPULATION TO CONSOLIDATE CASES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) MORRISON C. ENGLAND, JR. , District Judge . On August 2, 2018, the parties in the case between Plaintiff Annette Horn, in action No. 2:17-cv-01967-MCE-KJN (hereinafter the "Horn Action"), and Plaintiff Tekary Wright, in action No. 2:18-cv-00998-JAM-AC, (hereinafter the "Wright Action"), on the one hand, and..
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ORDER GRANTING STIPULATION TO CONSOLIDATE CASES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 42(a)(2)
STIPULATION TO CONSOLIDATE CASES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2)
MORRISON C. ENGLAND, JR., District Judge.
On August 2, 2018, the parties in the case between Plaintiff Annette Horn, in action No. 2:17-cv-01967-MCE-KJN (hereinafter the "Horn Action"), and Plaintiff Tekary Wright, in action No. 2:18-cv-00998-JAM-AC, (hereinafter the "Wright Action"), on the one hand, and Defendants Advanced Medical Personnel Services, Inc. and Rise Medical Staffing, LLC ("Defendants"), on the other hand, filed a Joint Stipulation to Consolidate Cases Pursuant to Federal Rule of Civil Procedure 42(a)(2) ("Joint Stipulation"). The Court, having considered the Joint Stipulation and good cause appearing, IT IS HEREBY ORDERED THAT:
1. The Horn and Wright actions shall be consolidated for all purposes pursuant to Federal Rule of Civil Procedure 42(a)(2) and that all subsequent pleadings and motions shall be filed under the caption and case number of the first-filed case, Horn v. Rise Medical Staffing, L.L.C., et al., Case No. 2:17-cv-01967-MCE-KJN.
2. The Scheduling Order in the Horn Action (Dkt. # 3) shall be vacated and replaced with dates more in alignment with the later-filed Wright Action as follows:
Event Old Date (Horn Action) New Date (Consolidated)
Discovery Cut-off September 21, 2018 March 23, 2019
Initial Expert November 20, 2018 April 22, 2019
Designation
Supplemental Expert December 20, 2018 May 22, 2019
Designation
L/D to file March 20, 2019 September 19, 2019
dispositive motions
L/D to file Motion TBD TBD
for Class
Certification
L/D to file Joint 30 days after receiving 30 days after receiving
Trial Readiness Court's ruling on filed Court's ruling on filed
Statement dispositive motions or, if no dispositive motions or, if no
dispositive motions filed, dispositive motions filed,
January 19, 2019 June 21, 2019
3. Consolidation shall in no way affect the application of the statute of limitations governing the additional claims asserted in the Wright Action; that March 23, 2018 is the filing date of the Wright Complaint; that such date is not changed by consolidation; and, that consolidation of the two cases will not be construed to mean that the additional claims asserted in the Wright Action relate back to the filing date of the Complaint filed in the Horn Action.
IT IS SO ORDERED.
