Blue v. Beard

Filing 20

ORDER to SHOW CAUSE Why This Case Should Not be Dismissed as Duplicative of Plaintiff Michael Blue's Case in 1:14-cv-816-LJO-SAB-PC, signed by Magistrate Judge Gary S. Austin on 12/4/2014. Show Cause Response Due Within Thirty Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL BLUE,

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Plaintiff,

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vs.

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JEFFREY A. BEARD,

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Defendant.

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I.

1:14-cv-01074-LJO-GSA-PC
ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED AS
DUPLICATIVE OF PLAINTIFF
MICHAEL BLUE‟S CASE IN 1:14-CV0816-LJO-SAB-PC
THIRTY DAY DEADLINE TO FILE
RESPONSE

BACKGROUND

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Michael Blue (“Plaintiff”) is a state prisoner proceeding with counsel in this civil rights

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action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action on

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January 28, 2014 at the United States District Court for the Central District of California.

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(Doc. 1.) On July 8, 2014, the case was transferred to the Eastern District of California. (Doc.

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8.) The Complaint awaits the court‟s requisite screening under 28 U.S.C. § 1915A.

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On November 7, 2014, Plaintiff filed a motion for consolidation. (Doc. 18.)

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II.

PLAINTIFF’S MOTION FOR CONSOLIDATION

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Plaintiff argues that this case (hereinafter “Blue”) should be consolidated with case

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1:14-cv-0060-LJO-SAB-PC (Smith v. Schwarzenegger) (hereinafter “Smith”), because both

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cases concern unlawful contraction by plaintiffs of the disease known as Valley Fever at the

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hands of the State.
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III.

DISCUSSION

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It appears that Plaintiff‟s allegations and claims in Blue may be duplicative of plaintiff

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Michael Blue‟s allegations and claims in case 1:14-cv-00816-LJO-SAB-PC (Abukar v.

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Schwarzenegger) (hereinafter “Abukar”). Plaintiff shall be required to show cause why Blue

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should not be dismissed as a duplicative case.

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Duplicative Cases

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“District courts retain broad discretion to control their dockets and „[i]n the exercise of

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that power they may impose sanctions including, where appropriate, default or dismissal.‟”

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Adams v. California Dept. of Health Services, 487 F.3d 684, 688 (9th Cir. 2007) (quoting

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Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829, 831 (9th Cir.1986) (per

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curiam)). “After weighing the equities of the case, the district court may exercise its discretion

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to dismiss a duplicative later-filed action, to stay that action pending resolution of the

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previously filed action, to enjoin the parties from proceeding with it, or to consolidate both

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actions.” Adams, 497 F.3d at 688 (citing see Curtis v. Citibank, N.A., 226 F.3d 133, 138–39

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(2d Cir. 2000); Walton v. Eaton Corp., 563 F.2d 66, 70–71 (3d Cir.1977) (en banc), cited with

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approval in Russ v. Standard Ins. Co., 120 F.3d 988, 990 (9th Cir.1997)).

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“Plaintiffs generally have „no right to maintain two separate actions involving the same

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subject matter at the same time in the same court and against the same defendant.‟” Adams,

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497 F.3d at 688 (quoting Walton, 563 F.2d at 70; see also Curtis, 226 F.3d at 138–39; Serlin v.

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Arthur Andersen & Co., 3 F.3d 221, 223–24 (7th Cir.1993)).

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“To determine whether a suit is duplicative, we borrow from the test for claim

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preclusion.” Adams, 497 F.3d at 688. “[T]he true test of the sufficiency of a plea of „other suit

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pending‟ in another forum [i]s the legal efficacy of the first suit, when finally disposed of, as

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„the thing adjudged,‟ regarding the matters at issue in the second suit.” Id. (quoting The

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Haytian Republic, 154 U.S. 118, 124, 14 S.Ct. 992, 38 L.Ed. 930 (1894)). “Thus, in assessing

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whether the second action is duplicative of the first, we examine whether the causes of action

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and relief sought, as well as the parties or privies to the action, are the same.” Adams, 497 F.3d

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at 689 (citing see The Haytian Republic, 154 U.S. at 124, 14 S.Ct. 992 (“There must be the
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same parties, or, at least, such as represent the same interests; there must be the same rights

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asserted and the same relief prayed for; the relief must be founded upon the same facts, and the

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... essential basis, of the relief sought must be the same.” (internal quotation marks omitted));

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Curtis, 226 F.3d at 140 (holding that the trial court did not abuse its discretion in dismissing

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“Curtis II claims arising out of the same events as those alleged in Curtis I,” which claims

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“would have been heard if plaintiffs had timely raised them”); Serlin v. Arthur Anderson &

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Co., 3 F.3d 221, 223 (7th Cir. 1993) (“[A] suit is duplicative if the claims, parties, and available

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relief do not significantly differ between the two actions.” (internal quotation marks omitted)).
Plaintiff Michael Blue’s Cases

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The court‟s record shows that plaintiff Michael Blue and numerous co-plaintiffs,

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proceeding with counsel including Benjamin Pavone, Esq., filed a civil rights action pursuant to

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42 U.S.C. § 1983 on May 7, 2014, which was opened by the Clerk as Abukar, in which the

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plaintiffs allege that they contracted the disease known as Valley Fever at the hands of State

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officials. (Court Record.) While it is not apparent on the face of the two complaints that the

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plaintiff Michael Blue in Abukar is the same person as Plaintiff Michael Blue in Blue, the

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Court finds evidence that the two cases may be duplicative with respect to the allegations and

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claims by Michael Blue. In Blue, Plaintiff alleges that he contracted Valley Fever as an inmate

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when he was housed at Pleasant Valley State Prison. In Abukar, Michael Blue and co-plaintiffs

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are all inmates or former inmates who contracted Valley Fever at Pleasant Valley State Prison

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or Avenal State Prison. Both of the plaintiffs named Michael Blue are represented by attorney

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Benjamin Pavone, Esq. Based on these facts, the court finds that Plaintiff‟s case in Blue may

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be duplicative of plaintiff Michael Blue‟s case in Abukar.

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On August 18, 2014, Abukar was consolidated with Smith.

As a result, Abukar was

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closed, and Michael Blue now proceeds as one of the plaintiffs in Smith.

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IV.

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ORDER TO SHOW CAUSE
Based on the foregoing, IT IS HEREBY ORDERED that within thirty days of the date

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of service of this order, Plaintiff is required to show cause why the present case Blue (1:14-cv-

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01074-LJO-GSA-PC) should not be dismissed as duplicative of plaintiff Michael Blue‟s case in

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Abukar (1:14-cv-00816-LJO-SAB-PC).

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IT IS SO ORDERED.
Dated:

December 4, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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