STIPULATION AND ORDER CONSOLIDATING ACTIONS

[F.R.C.P. 42]

TO BE CONSOLIDATED WITH (Romero, et al. v. The City of Vallejo, et al Case No.: 2:13-CV-02060-JAM-KJN)

JOHN A. MENDEZ, District Judge.

WHEREAS, the court has issued an order relating these cases (see Docket No. 15); and

WHEREAS, the related cases arise from the same incident and call for determination of the same factual and legal issues; and

WHEREAS, plaintiff Mitchell in case number 2:13-CV-01072-JAM-KJN and Romero, plaintiff in the related case, each claim to be the sole surviving heir of Mario Romero with respect to survivor claims alleged on Romero's behalf and wrongful death claims on their own behalf; and

WHEREAS, pursuant to statute, in California individuals with standing to pursue survival actions are expressly limited to the duly appointed personal representative of the decedent's estate or, if none, decedent's successor-in-interest (California Code of Civil Procedure section 377.30) and wrongful death actions in California are similarly controlled by statute, standing is limited pursuant to California Code of Civil Procedure section 377.60 and an action for wrongful death is a "single joint individual action"; and

WHEREAS, if the related cases are heard and decided separately inconsistent verdicts may result,

THE PARTIES HEREBY STIPULATE AND AGREE that, subject to court approval, the related cases be consolidated pursuant to Federal Rules of Civil Procedure 42 for all purposes, including trial.

ORDER

IT IS SO ORDERED.