Wise v. Ulta Salon, Cosmetics & Fragrance, Inc.

Filing 30

ORDER CONSOLIDATING CASES, signed by District Judge Dale A. Drozd on 8/6/18. Lead Case: 1:17-cv-00853-DAD-EPG; Member Case: 1:18-cv-00750-DAD-BAM. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELIZABETH WISE, an individual, 12 Plaintiff, 13 14 15 v. ULTA SALON, COSMETICS & FRAGRANCE, INC., and DOES 1-100, inclusive, 16 Defendants. 17 18 No. 1:18-cv-00750-DAD-BAM JULIE ZEPEDA, Plaintiff, 19 ORDER CONSOLIDATING v. 20 21 No. 1:17-cv-00853-DAD-EPG ULTA SALON, COSMETICS & FRAGRANCE, INC., 22 Defendant. 23 24 Before the court is the parties’ stipulation to consolidate the following cases: 25 • 26 27 28 Wise v. Ulta Salon, Cosmetics & Fragrance, Inc. et al. (No. 1:17-cv-00853-DAD-EPG); and • Zepeda v. Ulta Salon, Cosmetics & Fragrance, Inc. (No. 1:18-cv-00750-DAD-BAM). (Case No. 1:17-cv-00853-DAD-EPG, Doc. No. 29.) 1 1 Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, “[i]f actions before the 2 court involve a common question of law or fact, the court may: (1) join for hearing or trial any or 3 all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to 4 avoid unnecessary cost or delay.” In exercising its discretion, the court “weighs the saving of 5 time and effort consolidation would produce against any inconvenience, delay, or expense that it 6 would cause.” Huene v. United States, 743 F.2d 703, 704 (9th Cir. 1984). Here, the court finds 7 that the actions involve the same or similar parties, claims, and questions of fact or law, and that 8 consolidation will avoid unnecessary costs and duplication of proceedings. Thus, good cause 9 exists to grant the parties’ stipulation. 10 Accordingly, 11 1. The above-referenced cases shall be consolidated for all purposes, including trial, pursuant 12 13 14 to Rule 42(a); 2. The Clerk of the Court is directed to file this order in each of the above-referenced cases; and 15 3. Going forward, the parties and the Clerk of the Court are directed to file documents under 16 only the lead case number. Future captions should indicate the lead case number followed 17 by the member case number as follows: 18 Lead Case: 1:17-cv-00853-DAD-EPG 19 Member Case: 1:18-cv-00750-DAD-BAM 20 21 IT IS SO ORDERED. Dated: August 6, 2018 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 2

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