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