(PC) Saylor v. Allison et al
Filing
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ORDER DENYING #10 Motion to Permit Joinder of Actions, signed by Magistrate Judge Erica P. Grosjean on 07/16/2021. (Maldonado, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BRIAN E. SAYLOR,
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Case No. 1:21-cv-01062-EPG
Plaintiff,
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v.
ORDER DENYING MOTION TO PERMIT
JOINDER OF ACTIONS
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KATHLEEN ALLISON, et al.,
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Defendants.
(ECF No. 10)
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Plaintiff Brian Saylor (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On July 15, 2021, Plaintiff filed a motion requesting joinder of this case with Saylor v.
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Torres, et al., Case No. 1:20-cv-01631-DAD-JLT (the “Torres Action”). (ECF No. 10.) The
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motion explains that “plaintiff has filed two actions severally, within this court, whose relief
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might be joined.” (Id.) Plaintiff requests that “all parties be relieved from the added burden of
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pleading two actions severally when they appropriately might instead be joined by cause of
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action.” (Id.)
The Court construes Plaintiff’s motion as a motion to consolidate this case and the Torres
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Action.
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Federal Rule of Civil Procedure 42(a) provides:
If actions before the court involve a common question of law or fact, the
court may:
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join for hearing or trial any or all matters at issue in the
actions;
(2)
consolidate the actions; or
(3)
issue any other orders to avoid unnecessary cost or delay.
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Fed. R. Civ. P. 42(a).
The decision of whether to consolidate cases under Rule 42 is within the broad discretion
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of the Court. Pierce v. Cty. of Orange, 526 F.3d 1190, 1203 (9th Cir. 2008) (“A district court
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generally has ‘broad’ discretion to consolidate actions.”). In determining whether to consolidate
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actions, the court weighs the interest of judicial convenience against the potential for delay,
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confusion, and prejudice caused by consolidation. Southwest Marine, Inc., v. Triple A. Mach.
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Shop, Inc., 720 F. Supp. 805, 807 (N.D. Cal. 1989).
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The Court will deny Plaintiff’s motion. Plaintiff has not established that this case and the
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Torres Action involve common questions of law or fact. The Court’s initial review of the
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complaints in the respective cases indicates that these cases do not involve the same or similar
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parties, claims, events, or issues. Therefore, there does not appear to be any judicial convenience
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resulting from consolidation of this case and the Torres Action.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion to Permit Joinder of
Actions (ECF No. 10), construed as a motion for consolidation, is DENIED.
IT IS SO ORDERED.
Dated:
July 16, 2021
/s/
UNITED STATES MAGISTRATE JUDGE
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