Scott v. Mayberg et al

Filing 55

ORDER CONSOLIDATING CASES; ORDER GRANTING 53 Defendants' Request for Substitution of Defendant; ORDER FINDING AS MOOT 51 Defendants' Notice of Filing Request for Scheduling Order and Consolidation Regarding Computer Claims; and ORDER GRANTING 50 , 52 , 54 Defendants' Motions for Extensions of Time to Disclose Expert Witnesses signed by Chief Judge B. Lynn Winmill on 12/15/2014. Lead Case: 1:06-cv-01801-BLW-LMB. Member Case: 1:07-cv-00897-BLW. (Jessen, A)

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

HENRY C. SCOTT,
Case No. 1:07-cv-00897-BLW
Plaintiff,
ORDER CONSOLIDATING CASES
v.
AUDREY KING and DAVID
LANDRUM, 1
Defendants.

Pending before the Court is Defendants’ Notice of Filing Request for Scheduling
Order and Consolidation Regarding Computer Claims (Dkt. 51). Defendants ask that this
case not be consolidated with another case that contain claims, similar to Plaintiff’s, that
Defendants have violated Plaintiff’s constitutional rights, with respect to conditions of
commitment at Coalinga State Hospital, regarding the PA system and allegedly
unsanitary clothing (“PA and Laundry Claims”).
However, 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. 53) is
GRANTED.

2.

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.

3.

Defendants’ Notice of Filing Request for Scheduling Order and
Consolidation Regarding Computer Claims (Dkt. 51) is MOOT.

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.

5.

Defendants’ Motions for Extensions of Time to disclose expert witnesses
with respect to the PA and Laundry Claims (Dkts. 50, 52, and 54) are
GRANTED. A separate order shall issue with respect to expert disclosures.

DATED: December 15, 2014

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER CONSOLIDATING CASES - 2