Castaneda v. Ocwen Loan Servicing LLC et al

Filing 65

(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Response to Order to Show Cause due by 3/27/2017. (vdr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

ED CV 16-0735 FMO (DTBx)

Title

John Castaneda v. Ocwen Loan Servicing, LLC, et al.

Present: The Honorable

Date

March 17, 2017

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause re Consolidation of Actions

On September 16, 2016, plaintiff in Castaneda v. Ocwen Loan Servicing, LLC, et al., 160735 (C.D. Cal.) (“Ocwen”), filed his First Amended Complaint. (Dkt. 31, “Ocwen Complaint”).
The Ocwen Complaint alleges that Ocwen violated the Fair Debt Collection Practices Act
(“FDCPA”), 15 U.S.C. §§ 1692, et seq., and the Rosenthal Fair Debt Collection Practices Act
(“RFDCPA”), Cal. Civ. Code §§ 1788, et seq., (see id. at ¶¶ 62-77), by wrongly attempting to
collect a $170,817.41 debt that is no longer owing and discharged in bankruptcy. (See id. at ¶¶
39-40).
On March 13, 2017, the same plaintiff in Castaneda v. Nationwide Credit, Inc., et al., 170468 (C.D. Cal.), filed his Complaint. (Dkt. 1, “Nationwide Complaint”). The Nationwide Complaint
alleges that Nationwide, acting on behalf of Ocwen, violated the FDCPA and the RFDCPA, (see
id. at ¶¶ 16 & 29-43), by wrongly attempting to collect the same $170,817.41 debt that is no longer
owing and discharged in bankruptcy. (See id. at ¶¶ 22-23).
“If actions before the court involve a common question of law or fact, the court may . . .
consolidate the actions[.]” Fed. R. Civ. P. 42(a)(2). The court “weighs the saving of time and
effort consolidation would produce against any inconvenience, delay, or expense that it would
cause.” Huene v. United States, 743 F.2d 703, 704 (9th Cir. 1984). “A district court generally has
‘broad’ discretion to consolidate actions[.]” Pierce v. Cnty. of Orange, 526 F.3d 1190, 1203 (9th
Cir.), cert. denied, 555 U.S. 1031 (2008). Accordingly, IT IS ORDERED that by no later than
March 27, 2017, the parties shall file either a stipulation or response, not to exceed five pages,
to show cause why the Ocwen and Nationwide actions should not be consolidated.
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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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vdr

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