Filed: Feb. 13, 2012
Latest Update: Feb. 13, 2012
Summary: ORDER (1) GRANTING DEFENDANT'S MOTION TO CONSOLIDATE CASES; (2) GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINTS; AND (3) SETTING CASE MANAGEMENT CONFERENCE [Re: Docket Nos. 19, 26] HOWARD LLOYD, Magistrate Judge. Defendant moves for an order consolidating plaintiff's pending actions for all purposes, including trial. The court finds that consolidation will promote economy and efficiency, and that no party will be prejudiced. Accordingly, defendant's motion for consolidation is granted. Fed. R
Summary: ORDER (1) GRANTING DEFENDANT'S MOTION TO CONSOLIDATE CASES; (2) GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINTS; AND (3) SETTING CASE MANAGEMENT CONFERENCE [Re: Docket Nos. 19, 26] HOWARD LLOYD, Magistrate Judge. Defendant moves for an order consolidating plaintiff's pending actions for all purposes, including trial. The court finds that consolidation will promote economy and efficiency, and that no party will be prejudiced. Accordingly, defendant's motion for consolidation is granted. Fed. R...
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ORDER (1) GRANTING DEFENDANT'S MOTION TO CONSOLIDATE CASES; (2) GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINTS; AND (3) SETTING CASE MANAGEMENT CONFERENCE
[Re: Docket Nos. 19, 26]
HOWARD LLOYD, Magistrate Judge.
Defendant moves for an order consolidating plaintiff's pending actions for all purposes, including trial. The court finds that consolidation will promote economy and efficiency, and that no party will be prejudiced. Accordingly, defendant's motion for consolidation is granted. Fed. R. Civ. P. 42(a). The above-captioned actions shall be consolidated under the common case number, C09-05291HRL, and all future filings shall be made exclusively in that case. Gardias' request for a separate bench trial in Case No. C09-05291 is denied. In view of the consolidation, the clerk shall administratively terminate Case Nos. C09-05611HRL, C10-03437 HRL, C10-05637 HRL, and C11-03196 HRL.
Plaintiff moves for leave to amend the complaints filed in Case Nos. C10-03437HRL and C10-05637HRL. Specifically, he wishes to delete the following claims and allegations from his complaint in Case No. C10-03437HRL: (1) claims based on race, color, and national origin; (2) allegations that Anton Kashiri made an offensive remark about Jesus Christ; (3) allegations that plaintiff suffered an anxiety attack on June 30, 2010 because of Adam Bayer's behavior; and (4) allegations concerning a July 2010 suspension and a denial of medical benefits for Gardias and his wife. As for Case No. C10-05637HRL, plaintiff wishes to delete the following allegations that, in July 2010, Adam Bayer accused him of poor work performance. The court will treat Gardias' motion to amend as a request for voluntary dismissal. His motion is granted, and the above-described claims and allegations are dismissed.
The parties shall appear for a case management conference on April 3, 2012, 1:30 p.m. in Courtroom 2 to discuss, among other things, setting a deadline for hearing dispositive motions in the now consolidated action. A joint case management statement shall be filed no later than March 27, 2012.
SO ORDERED.
