(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ISRAEL RIOS, 12 13 14 15 Plaintiff, (Doc. No. 29) NP JOSEPH DRAGON, MD NADKUMAR RAVI, Defendants. ISRAEL RIOS, 18 19 20 21 22 ORDER GRANTING PLAINTIFF’S MOTION TO CONSOLIDATE CASES v. 16 17 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. 23 24 Pending before the Court is Plaintiff’s respective motion to consolidate cases filed in the 25 above cases. (Doc. Nos. 29, 54). Plaintiff moves to consolidate Case No. 1:19-cv-01009-ADA- 26 HBK with Case No. 2:20-cv-00146-ADA-HBK. (Id.). The Court grants the respective motions. 27 28 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 1 all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to 2 avoid unnecessary cost or delay.” In exercising its discretion, the court “weighs the saving of 3 time and effort consolidation would produce against any inconvenience, delay, or expense that it 4 would cause.” Huene v. United States, 743 F.2d 703, 704 (9th Cir. 1984). The undersigned 5 already deemed the cases related under Local Rule 123. (Doc. No. 28 – Case No. 1:19-cv-01009- 6 ADA-HBK). The Court further finds the above-captioned actions involve the same or similar 7 parties, claims, and questions of fact or law, and that consolidation will avoid unnecessary costs 8 and duplication of proceedings. Thus, good cause exists to grant the Plaintiff’s respective 9 motions and will consolidate these cases. 10 Accordingly, it is ORDERED: 11 1. Plaintiff’s motions to consolidate (Doc. No. 29) in Case No. Case No. 1:19-cv-01009- 12 ADA-HBK and (Doc. No. 54) in Case No. 2:20-cv-00146-ADA-HBK are 13 GRANTED. 14 2. Case No. Case No. 1:19-cv-01009-ADA-HBK and Case No. 2:20-cv-00146-ADA- 15 HBK shall be consolidated for all purposes, including trial, pursuant to Rule 42(a); 16 3. The Clerk is directed to file this Order in each of the above referenced cases; 17 4. Going forward, the parties and the Clerk are directed to file documents under only the 18 lead case number. Future captions should indicate the lead case number followed by 19 the member case number as follows: 20 Lead Case No.: 1:19-cv-01009-ADA-HBK 21 Member Case No.: 2:20-cv-00146-ADA-HBK 22 23 24 Dated: January 19, 2023 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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