DeBerry v. Mayberg et al

Filing 59

ORDER CONSOLIDATING CASES; ORDER GRANTING IN PART 56 Defendants' Request for Scheduling Order and Consolidation Regarding Computer Claims; and ORDER GRANTING 57 Defendants' Request for Substitution of Defendant signed by Chief Judge B. Lynn Winmill on 12/15/2014. Lead Case: 1:06-cv-01801-BLW-LMB. Member Case: 1:07-cv-00850-BLW. (Jessen, A)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

WAYNE P. DEBERRY,
Plaintiff,

Case No. 1:07-cv-00850-BLW
ORDER CONSOLIDATING CASES

v.
AUDREY KING and DAVID
LANDRUM, 1
Defendants.

Pending before the Court is Defendants’ Request for Scheduling Order and
Consolidation Regarding Computer Claims (Dkt. 56). Defendants ask that the Court
consolidate Plaintiff’s recently-remanded substantive due process claims regarding the
purchase and possession of laptop computers (“Computer Claims”) with similar claims in
other cases.
The Court has reviewed this case and found it sufficiently related to warrant
consolidation with Allen v. King, 1:06-cv-01801-BLW-LMB, which has already been
consolidated with Robinson v. Mayberg, 1:08-cv-01339-BLW-LMB; and Frazier v.
Mayberg, 1:09-cv-02153-BLW.

1

David Landrum is substituted for his predecessor, Jack Carter, pursuant to Federal Rule
of Civil Procedure 17(d).
ORDER CONSOLIDATING CASES - 1

THEREFORE, IT IS HEREBY ORDERED:
1.

Defendants’ Request for Substitution of Defendant (Dkt. 57) is
GRANTED.

2.

Defendants’ Request for Scheduling Order and Consolidation Regarding
Computer Claims (Dkt. 56) is GRANTED IN PART.

3.

This case is CONSOLIDATED with Allen v. King, Case No. 1:06-cv01801-BLW-LMB. This consolidation is done for purposes of all remaining
claims in all consolidated cases.

4.

The lead case shall be Allen v. King, Case No. 1:06-cv-01801-BLWLMB. All filing and docketing shall be done only in the lead case.

DATED: December 15, 2014

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER CONSOLIDATING CASES - 2