Morrow v. Schwarzenegger et al

Filing 14

ORDER to show cause why this action should not be consolidated with Smith vs Schwarzenegger and continuing Initial Scheduling Conference to 11/25/2014. Response due within 14 days. Signed by Magistrate Judge Stanley A. Boone on 9/15/2014. (Hernandez, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL MORROW, 12 13 14 15 Plaintiff, v. ARNOLD SCHWARZENEGGER, et al., Case No. 1:14-cv-01395-LJO-SAB ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE CONSOLIDATED WITH SMITH V. SCHWARZENEGGER AND CONTINUING INITIAL SCHEDULING CONFERENCE TO NOVEMBER 25, 2014 AT 10:00 A.M. Defendants. RESPONSE DUE WITHIN FOURTEEN DAYS 16 17 On September 6, 2014, Plaintiff Michael Morrow filed this action alleging deliberate 18 indifference in violation of the Eighth Amendment. (ECF No. 1.) On September 10, 2014, this 19 action was related to Smith v. Schwarzenegger, No. 1:14-cv-00060-LJO-SAB and an initial 20 scheduling conference was set for October 10, 2014 to coordinate this action with Smith. On 21 September 15, 2014, an order issued vacating the September 10, 2014 date in Smith and setting a 22 status conference on November 25, 2014. 23 The Court has reviewed this action and finds that the complaint is substantially identical 24 to the complaint that was filed in Smith. Federal Rule of Civil Procedure 42 provides that “[i]f 25 actions before the court involve a common question of law or fact, the court may . . . consolidate 26 the actions. . . .” Fed. R. Civ. P. 42 (a)(2). “The district court has broad discretion under this rule 27 to consolidate cases pending in the same district.” Investors Research Co. v. U.S. Dist. Court for 28 Cent. Dist. of California, 877 F.2d 777 (9th Cir. 1989). 1 1 The purpose of consolidation is to avoid unnecessary cost or delay where the claims and 2 issues contain common aspects of law or fact. E.E.O.C. v. HBE Corp., 135 F.3d 543, 551 (8th 3 Cir. 1998). In determining whether to consolidate cases, “a court weighs the interest of judicial 4 convenience against the potential for delay, confusion and prejudice caused by consolidation.” 5 Southwest Marine, Inc. v. Triple A Mach. Shop, Inc., 720 F.Supp. 805, 807 (N.D. Cal. 1989). 6 The complaint in this action names the same defendants, asserts the same claims, and 7 contains the same factual allegations as those proceeding in the consolidated action. Common 8 questions of law and fact unquestionably exist in these actions and the Court finds that it would 9 be in the interest of judicial economy to consolidate this action with Smith. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. The initial scheduling conference set for October 10, 2014 at 10:00 is VACATED; 12 2. A status conference is set for November 25, 2014 at 10:00 a.m. in Courtroom 9; 13 and 14 3. Within fourteen days from the date of service of this order, Plaintiff shall show 15 cause in writing why this action should not be consolidated with Smith, et al. v. 16 Schwarzeneggar, et al., 1:14-cv-00060-LJO-SAB. 17 18 19 IT IS SO ORDERED. Dated: September 15, 2014 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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