Trujillo v. Biter

Filing 44

ORDER DENYING Defendants Fernandez and Gomez's 40 Motion to Consolidate Pleadings and Motion to Stay signed by Magistrate Judge Erica P. Grosjean on 1/23/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CRUZ TRUJILLO,
Plaintiff,

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v.

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GOMEZ, et al.,

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Case No. 1:14-cv-01370-EPG (PC)
ORDER DENYING DEFENDANTS
FERNANDEZ AND GOMEZ’S MOTION TO
CONSOLIDATE PLEADINGS AND MOTION
TO STAY
(ECF NO. 40)

Defendants.

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Guillermo Trujillo ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis
The Court screened Plaintiff’s Third

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with this civil rights action pursuant to 42 U.S.C. § 1983.

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Amended Complaint pursuant to 28 U.S.C. § 1915A and found cognizable claims. (ECF No. 19).

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On January 9, 2017, Defendants Fernandez and Gomez (“Defendants”) filed an answer. (ECF

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No. 34). On January 20, 2017, Defendants filed a motion to consolidate pleadings and a motion

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to stay discovery until the Court rules on the motion to consolidate pleadings. (ECF No. 40).

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These motions are now before the Court. Both motions will be denied.

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Defendants request that this case be consolidated with Trujillo v. Gomez (Gomez), E.D.

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Cal. No. 1:14-CV-01797-DLB (“Trujillo 2”). Defendants assert that both cases contain the same

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claims of excessive force against Defendants Gomez, Juarez, and Fernandez. According to

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Defendants, Trujillo 2 was resolved at summary judgment, based on Plaintiff’s failure to exhaust

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his administrative remedies.

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AIf actions before the court involve a common question of law or fact, the court may

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consolidate the actions.” Fed. R. Civ. P. 42(a)(2). Consolidation may be ordered on the motion

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of any party or on the court=s own motion whenever it reasonably appears that consolidation

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would aid in the efficient and economic disposition of a case. See In re Air Crash Disaster at
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Florida Everglades on December 29, 1972, 549 F.2d 1006 (5th Cir. 1977). The grant or denial of

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a motion to consolidate rests in the district court=s sound discretion, and is not dependent on party

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approval. Investors Research Co. v. United States Dist. Ct., 877 F.2d 777 (9th Cir. 1989). In

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determining whether to consolidate actions, the court weighs the interest of judicial convenience

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against the potential for delay, confusion, and prejudice caused by consolidation. Southwest

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Marine, Inc., v. Triple A. Mach. Shop, Inc., 720 F. Supp. 805, 807 (N.D. Cal. 1989).

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Even if Defendants’ assertions are true, consolidation is not appropriate at this time.

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While this case and Trujillo 2 may involve a common question of law or fact, their current

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procedural postures are too different to warrant consolidation. This case is still in the early stages

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(Defendants’ answer was filed on January 9, 2017 (ECF No. 34)), while Trujillo 2 is closed

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(Trujillo 2, ECF Nos. 44, 49, & 50) and is currently on appeal (Trujillo 2, ECF Nos. 51 & 52).

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Consolidation would not allow this case to proceed in an efficient manner.

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The Court’s ruling is without prejudice to other applicable motions regarding the two

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cases. If a dispositive issue has already been determined in another case, Defendants may, for

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example, file a motion for summary judgment based on collateral estoppel.1

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As the Court is now ruling on Defendants’ motion to consolidate pleadings, the Court will

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deny Defendants’ motion to stay discovery until the Court rules on the motion to consolidate

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pleadings as moot.

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Accordingly, based on the foregoing, IT IS ORDERED that Defendants’ motion to

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consolidate pleadings and motion to stay discovery until the Court rules on the motion to

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consolidate pleadings (ECF No. 40) are DENIED without prejudice.

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IT IS SO ORDERED.
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Dated:

January 23, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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At this time the Court is not making a determination on the merits of a motion for summary
judgment based on collateral estoppel.

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