Todd v. Chase Manhattan Mortgage Corporation et al

Filing 45

ORDER denying 42 JPMorgan Chase Bank's Motion to Consolidate. Signed by Judge Frederick J Martone on 8/23/12.(DMT)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Chase Manhattan Mortgage Corp.; Chase)
Home Finance LLC; Chase Fulfillment)
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Services,
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Defendants.
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Sandra Todd,
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Plaintiff,
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vs.
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JPMorgan Chase Bank N.A.; Cal-Western)
Reconveyance Corp.; United States)
Department of Housing and Urban)
Development,
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Defendants.
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__________________________________)
Sandra Todd,

CV 12-00129-PHX-FJM
CV 12-01643-PHX-NVW
ORDER

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The court has before it defendant JPMorgan Chase Bank, N.A.'s ("Chase") motion to
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consolidate (doc. 42). The motion is not fully briefed.
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Chase seeks to consolidate a second action recently filed by plaintiff Sandra Todd and
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removed to this court. Chase argues that the second action, which also challenges the legality

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of the 2010 Trustee's Sale of plaintiff's home, is appropriate for consolidation with this

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action. We may consolidate cases when they involve a "common question of law or fact."

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Fed. R. Civ. P. 42(a). However, we have granted a motion to dismiss the remaining breach

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of contract claim. This action, accordingly, is already at an end. Judicial economy would

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not be served by consolidation of a newly-filed action with one that has already reached a

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conclusion. Moreover, although both actions revolve around a challenge to the Trustee's

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Sale, the newly-filed action asserts claims of fraud and racketeering. These claims will likely

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raise new issues of law and fact not previously considered by this Court. In sum, we

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conclude that consolidation of these cases is neither judicially efficient nor necessary.
IT IS ORDERED DENYING defendant JPMorgan Chase Bank, N.A.'s ("Chase")
motion to consolidate (doc. 42).
DATED this 23rd day of August, 2012.

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