National Railroad Passenger Corporation v. Young's Commercial Transfer, Inc. et al.

Filing 27

ORDER To CONSOLIDATE, igned by Magistrate Judge Gary S. Austin on 9/5/2014. Case Number 1:13-CV-1506-AWI-GSA will be considered the lead case. The Clerk of the Court IS DIRECTED to close Case Number 1:13-CV-2085-AWI-GSA. The court will construe the consolidated cases as one action (Fahrney, E)

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James D. Emerson, No. 042031

EMERSON · SORENSEN · CHURCH
2520 WEST SHAW LANE, SUITE 102
FRESNO, CALIFORNIA 93711-2765
Telephone: [phone]
Facsimile: [phone]
www.lawemerson.com

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Attorneys for Defendants, YOUNG'S COMMERCIAL TRANSFER, INC. and
RIGOBERTO FERNANDEZ JIMENEZ, individually and doing business as
JIMENEZ TRUCKING

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UNITED STATES DISTRICT COURT

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EASTERN DIVISION

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Case No. 1:13-CV-02085-AWI-GSA

CELIA RAMIREZ,

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STIPULATION AND ORDER TO
CONSOLIDATE

Plaintiff,

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vs.

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RIGOBERTO FERNANDEZ JIMENEZ,
JIMENEZ TRUCKING, NATIONAL
RAILROAD PASSENGER CORPORATION,
BARBARA NEU, BNSF RAILWAY
COMPANY, YOUNG'S COMMERCIAL
TRANSFER, INC., and DOES 1 to 200,
Inclusive,

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Defendants.

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NATIONAL RAILROAD PASSENGER
CORPORATION,

COMPLAINT FILED: September 18, 2013

Case No. 1:13-CV-01506-AWI-GSA

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Plaintiff,

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vs.

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YOUNG'S COMMERCIAL TRANSFER,
INC., a corporation, and RIGOBERTO
FERNANDEZ JIMENEZ, an individual,
d/b/a JIMENEZ TRUCKING,

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Defendants.
COMPLAINT FILED: 09/17/2013

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Stipulation and Order to Consolidate Actions

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IT IS HEREBY STIPULATED AND AGREED by and between the parties to the

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above-entitled actions, by their respective counsel, that the actions be consolidated into

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one action for all purposes.

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The undersigned hereby jointly apply to the Court for an order Consolidating Action

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No. 1:13-CV-02085 with Action No. 1:13-cv-01506 and directing that only one judgment be

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made, that the original of all further papers filed in the above-entitled actions be entitled

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Ramirez v. Jimenez, and filed in Action No. 1:13-CV-02085, and that a copy of such Order

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be filed in Action No. 1:13-cv-01506, but that no further papers or documents or copies

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thereof need to be filed in that action.

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DATED: 9/3/14

REICH LAW FIRM

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By /s/ Jeff Reich
Jeff Reich/Shane Reich
Attorney for Plaintiff, CELIA RAMIREZ

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DATED: 9/3/14

LOMBARDI, LOPER & CONANT, LLP

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By /s/ Kara Alison for
B. Clyde Hutchinson
Attorney for Plaintiff, NATIONAL RAILROAD
PASSENGER CORPORATION a/k/a/
AMTRAK and
Defendants, NATIONAL RAILROAD
PASSENGER CORPORATION aka AMTRAK,
BNSF RAILWAY COMPANY and BARBARA
ANN NEU

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DATED: 9/3/14

EMERSON · SORENSEN · CHURCH

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By /s/ Rayma Church for
James D. Emerson
Attorney for Defendants, RIGOBERTO
FERNANDEZ JIMENEZ individually and dba
JIMENEZ TRUCKING and YOUNG'S
COMMERCIAL TRANSFER, INC.

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Stipulation and Order to Consolidate Actions

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ORDER

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Based on the above stipulation and an independent review of the facts, the Court

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orders consolidation of these cases. Rule 42(a) of the Federal Rules of Civil Procedure

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provides as follows:

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Consolidation. When actions involving a common question of law or fact are
pending before the court, it may order a joint hearing or trial of any or all the matters
in issue in the actions; it may order all the actions consolidated; and it may make
such orders concerning proceedings therein as may tend to avoid unnecessary
costs or delay.
Fed. R. Civ. P. 42(a).

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The purpose of consolidation under Rule 42(a) is to enhance trial court efficiency by

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avoiding unnecessary duplication of proceedings and effort. See Team Enterprises., LLC v.

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Western Inv. Real Estate Trust, 2008 WL 4712759 at * 1 (E.D. Cal. Oct. 23, 2008).

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Consolidation of cases also guards against the risk of inconsistent adjudications. Id. The

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Court has broad discretion to order consolidation of cases pending in the same district. See

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Investors Research Co. v. U.S. Dist. Court or Central Dist. of Cal., 877 F.2d 777 (9th Cir.
1989).

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Here, both actions involve some of the same parties. Similarly, both actions raise
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essentially the same issues of fact and law as they both involve the same train accident.
Consolidation will not only promote judicial efficiency, but it will prevent inconsistent
outcomes and is not prejudicial to the parties. As such, consolidation is appropriate.
Based on the above, the Court ORDERS that:

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1. The Clerk of the Court is DIRECTED to consolidate National Railroad Passenger

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Corporation v. Young’s Commercial Transfer Inc,. et al., Case Number 1:13-CV-1506-AWI-

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GSA with the related case Ramirezv. Jimenez, et al., Case Number 1:13-CV-2085-AWI-

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GSA. Insofar as Case Number 1:13-CV-1506-AWI-GSA was the first action filed with the

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court, it will be considered the lead case. The Clerk of the Court IS DIRECTED to close

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Stipulation to Consolidate Actions

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Case Number 1:13-CV-2085-AWI-GSA. The court will construe the consolidated cases as
one action; and
2. The parties SHALL IDENTIFY all future pleadings by the case number of

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the lead case.

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IT IS SO ORDERED.
Dated:

September 5, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Stipulation to Consolidate Actions

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