(PC) Rios v. Spearman et al

Filing 45

ORDER GRANTING Plaintiff's 29 Motion to Consolidate Cases signed by Magistrate Judge Helena M. Barch-Kuchta on 1/19/2023. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ISRAEL RIOS,

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Plaintiff,

(Doc. No. 29)
NP JOSEPH DRAGON, MD
NADKUMAR RAVI,
Defendants.
ISRAEL RIOS,

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ORDER GRANTING PLAINTIFF’S MOTION
TO CONSOLIDATE CASES

v.

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Case No. 1:19-cv-01009-ADA-HBK

Case No. 2:20-cv-00146-ADA-HBK
Plaintiff,

ORDER GRANTING PLAINTIFF’S MOTION
TO CONSOLIDATE CASES

v.
(Doc. No. 54)
NP JOSEPH DRAGON, MD
NADKUMAR RAVI,
Defendants.

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Pending before the Court is Plaintiff’s respective motion to consolidate cases filed in the

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above cases. (Doc. Nos. 29, 54). Plaintiff moves to consolidate Case No. 1:19-cv-01009-ADA-

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HBK with Case No. 2:20-cv-00146-ADA-HBK. (Id.). The Court grants the respective motions.

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Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, “[i]f actions before the
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). The undersigned

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already deemed the cases related under Local Rule 123. (Doc. No. 28 – Case No. 1:19-cv-01009-

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ADA-HBK). The Court further finds the above-captioned actions involve the same or similar

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parties, claims, and questions of fact or law, and that consolidation will avoid unnecessary costs

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and duplication of proceedings. Thus, good cause exists to grant the Plaintiff’s respective

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motions and will consolidate these cases.

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Accordingly, it is ORDERED:

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1. Plaintiff’s motions to consolidate (Doc. No. 29) in Case No. Case No. 1:19-cv-01009-

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ADA-HBK and (Doc. No. 54) in Case No. 2:20-cv-00146-ADA-HBK are

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GRANTED.

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2. Case No. Case No. 1:19-cv-01009-ADA-HBK and Case No. 2:20-cv-00146-ADA-

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HBK shall be consolidated for all purposes, including trial, pursuant to Rule 42(a);

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3. The Clerk is directed to file this Order in each of the above referenced cases;

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4. Going forward, the parties and the Clerk are directed to file documents under only the

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lead case number. Future captions should indicate the lead case number followed by

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the member case number as follows:

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Lead Case No.: 1:19-cv-01009-ADA-HBK

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Member Case No.: 2:20-cv-00146-ADA-HBK

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Dated:

January 19, 2023
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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