Diana Stinnett v. EXP Realty of California, Inc. et al

Filing 33

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE CONSOLIDATED WITH TAMORA WHITFIELD V. EXP REALTY OF CALIFORNIA, INC., CASE NO. 2:24- CV-09312-FLA (BFMx) by Judge Fernando L. Aenlle-Rocha: The parties are ORDERED TO SHOW CAUSE in writing onlywithin fourteen (14) days of this Order why this action should not be consolidated with the Whitfield Action. Responses shall be limited to five (5) pages in length. Failure to respond may result in consolidation of the actions without further notice. (lc)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DIANA STINNETT,
Plaintiff,

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Case No. 2:24-cv-05349-FLA (BFMx)

v.
EXP REALTY OF CALIFORNIA,
INC., et al.,
Defendants.

ORDER TO SHOW CAUSE WHY
ACTION SHOULD NOT BE
CONSOLIDATED WITH TAMORA
WHITFIELD V. EXP REALTY OF
CALIFORNIA, INC., CASE NO. 2:24CV-09312-FLA (BFMx)

ORDER TO SHOW CAUSE

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Pursuant to Fed. R. Civ. P. 42(a), a court may consolidate actions involving “a

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common question of law or fact” and has “broad discretion under this rule to

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consolidate cases pending in the same district.” Invs. Rsch. Co. v. U.S. Dist. Ct. for

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Cent. Dist. of California, 877 F.2d 777, 777 (9th Cir. 1989); see also In re Adams

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Apple, Inc., 829 F.2d 1484, 1487 (9th Cir. 1987) (courts “may consolidate cases sua

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sponte”) (citation omitted). “To determine whether to consolidate, a court weighs the

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interest in judicial convenience against the potential for delay, confusion, and

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prejudice caused by consolidation.” Paxonet Commc’ns, Inc. v. TranSwitch Corp.,

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303 F. Supp. 2d 1027, 1028 (N.D. Cal. 2003) (citation omitted).

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Here, it appears the benefits of judicial economy and convenience from

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consolidating this action with Tamora Whitfield v. EXP Realty of California, Inc.,

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Case No. 2:24-cv-09312-FLA (BFMx) (“Whitfield Action”) outweighs any potential

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for delay, confusion, and prejudice, as each action asserts claims against the same

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defendant for violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227,

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et seq.

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Accordingly, the parties are ORDERED TO SHOW CAUSE in writing only

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within fourteen (14) days of this Order why this action should not be consolidated

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with the Whitfield Action. Responses shall be limited to five (5) pages in length.

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Failure to respond may result in consolidation of the actions without further notice.

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IT IS SO ORDERED.

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Dated: March 5, 2025

_______________________________
FERNANDO L. AENLLE-ROCHA
United States District Judge

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