Townsel v. Madera County Dept Probation et al
Filing
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ORDER CONSOLIDATING CASES: Lead Case is 1:15-CV-00763-LJO-SAB, Member Case is 1:15-cv-00764-AWI-GSA; MEMBER CASE CLOSED; all future filings to be made in Lead Case, signed by District Judge Lawrence J. O'Neill on 7/2/2015 Mark L. Duarte and Madera County Behavioral Health Services added. (Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DAVID TOWNSEL,
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Plaintiff,
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ORDER TO CONSOLIDATE CASES
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v.
MADERA COUNTY DEPARTMENT OF
PROBATION and JENNIFER SWAINE,
Defendants.
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DAVID TOWNSEL,
ORDER TO CONSOLIDATE CASES
Plaintiff,
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1:15-cv-764 AWI-GSA
_______________________________
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1:15-cv-763 LJO-SAB
v.
MADERA COUNTY BEHAVIORAL
HEALTH SERVICES and MARK
DUARTE,
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Defendants.
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Plaintiff, David Townsel, filed a complaint in Townsel v. Madera County Probation, et al.,
1:15-cv-763 LJO-SAB on May 19, 2015, and another complaint that same day in Townsel v. Madera
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County Behavioral Health Services et al. 1:15-cv-764 AWI-GSA. Both of the cases involve
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Plaintiff’s allegations of misconduct related to a violation of probation.
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Federal Rule of Civil Procedure 42 provides that “[i]f actions before the court involve a
common question of law or fact, the court may . . . consolidate the actions. . . .” Fed. R. Civ. P. 42
(a)(2). “The district court has broad discretion under this rule to consolidate cases pending in the
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same district.” Investors Research Co. v. U.S. Dist. Court for Cent. Dist. of California, 877 F.2d
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777 (9th Cir. 1989). In determining whether to consolidate cases, a court should balance the
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interest of judicial convenience against “any inconvenience, delay, or expense that it would
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cause.” Huene v. United States, 743 F. 2d 703, 704 (9th Cir. 1984).
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These actions contain common questions of fact and law. Therefore, the Court finds that
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consolidation will aid in judicial efficiency and that consolidation will not cause delay, confusion,
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or prejudice.
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Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk’s Office is directed to consolidate Townsel v. Madera County Probation, et
al., No. 1:15-cv-763-LJO-SAB and Townsel v. Madera County Behavioral Health
Services et al., No. 1:15-cv-764-AWI-GSA;
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2. Townsel v. Madera County Probation et al., No. 1:15-cv-763-LJO-SAB shall be
designated as the lead case; and
3. The parties are instructed to file all documents in Townsel v. Madera County Probation
et al, 1:15-cv-763-LJO-SAB. Documents not filed in the lead case may not be
considered.
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IT IS SO ORDERED.
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Dated:
/s/ Lawrence J. O’Neill
July 2, 2015
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UNITED STATES DISTRICT JUDGE
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