Richard J. Glair v. City of Los Angeles et al

Filing 65

ORDER RE MOTION TO CONSOLIDATE CASES #57 , #64 by Judge Dean D. Pregerson: In most cases, when a plaintiff wishes to add defendants, the proper procedural tool for doing so is a motion for leave to amend the complaint.The second civil case (15-03079) should not have been filed and is therefore DISMISSED. Plaintiffs Motion to Consolidate Cases (DOCKET NUMBER 57) and the Ex Parte(DOCKET NUMBER 64) are VACATED as moot.If Plaintiff wishes to add additional defendants to (or otherwise amend) his original complaint, he should file a motion seeking leave to amend in the original civil case (13-08946). To avoid further delay, the Court orders that Plaintiff file any such motion for leave to amend not later than 21 days from the date of this order. Additionally, having reviewed the complaint in this case, the Court determines that this case should be heard by the magistrate judge and ORDERS the Clerk to assign this case to the magistrate pursuant to General Order 05-07. The magistrate will hear the case, rule on non-dispositive motions, and produce a Report and Recommendation for the Court. All pending hearing dates in case 13-08946 are vacated and may be re-set by the magistrate judge as his calendar permits. (lc). Modified on 8/14/2015. (lc). Modified on 8/14/2015 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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RICHARD J. GLAIR,

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Plaintiff,
v.
CITY OF LOS ANGELES, JOHN N.
INCONTRO. COMMANDERMETROPOLITAN DIVISION LOS
ANGELES POLICE DEPARTMENT,

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Defendants.
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Case No. CV 13-08946 DDP (JCGx)T
[CV 15-03079 DDP (JCG)]
ORDER RE MOTION TO CONSOLIDATE
CASES
[Dkt. No. 57 and 64]

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Plaintiff, a pro se litigant, filed a complaint in state court

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in 2013, alleging civil rights violations by officers of the Los

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Angeles Police Department during an emergency investigation of a

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shooting at a police station.

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removed here as civil case number 13-08946.

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discovery, Plaintiff acquired the names of two additional officer

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defendants and wished to add these officers as parties to his suit.

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(Dkt. No. 57.)

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Court, which became civil case number 15-03079.

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now moves to consolidate the two cases.

(Dkt. No. 1.)

That complaint was
(Id.)

During

Plaintiff therefore filed a second action with the

(Id.)

(Id.)

Plaintiff

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In most cases, when a plaintiff wishes to add defendants, the

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proper procedural tool for doing so is a motion for leave to amend

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the complaint.

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have no right to maintain two separate actions involving the same

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subject matter at the same time in the same court and against the

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same defendant.”

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F.3d 684, 688 (9th Cir. 2007).

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should not have been filed and is therefore DISMISSED.

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Motion to Consolidate Cases (DOCKET NUMBER 57) and the Ex Parte

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Fed. R. Civ. P. 15(a)(1)(B).

“Plaintiffs generally

Adams v. California Dep't of Health Servs., 487
The second civil case (15-03079)
Plaintiff’s

(DOCKET NUMBER 64) are VACATED as moot.
If Plaintiff wishes to add additional defendants to (or

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otherwise amend) his original complaint, he should file a motion

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seeking leave to amend in the original civil case (13-08946).

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avoid further delay, the Court orders that Plaintiff file any such

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motion for leave to amend not later than 21 days from the date of

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this order.

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To

Additionally, having reviewed the complaint in this case, the

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Court determines that this case should be heard by the magistrate

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judge and ORDERS the Clerk to assign this case to the magistrate

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pursuant to General Order 05-07 (“Assignment of Duties to

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Magistrate Judges”).

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non-dispositive motions, and produce a Report and Recommendation

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for the Court.

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vacated and may be re-set by the magistrate judge as his calendar

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permits.

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IT IS SO ORDERED.

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Dated: August 14, 2015

The magistrate will hear the case, rule on

All pending hearing dates in case 13-08946 are

DEAN D. PREGERSON
United States District Judge

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