Asberry v. City of Sacramento

Filing 89

ORDER signed by Judge Lawrence K. Karlton on 3/3/06 ORDERING that the actions are CONSOLIDATED. The trial in both actions are be BIFURCATED. Case 01cv2343 is designated as the "master file." Clerk is directed to copy the complaint and answer in the case No. 04cv2467 to place said copies in the "master file." Clerk is directed to administratively close case No. 04cv2467. CASE CLOSED. (Duong, D)

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(JFM) Asberry v. City of Sacramento Doc. 89 Case 2:04-cv-02467-LKK-PAN Document 89 Filed 03/06/2006 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 Plaintiff, 13 v. 14 15 16 17 18 Plaintiff, 19 v. 20 CITY OF SACRAMENTO, et al., 21 Defendants. 22 23 24 25 26 / Pending before the court is defendant's motion to consolidate the two above-captioned cases. Having considered the pleadings, ORDER CITY OF SACRAMENTO/SANITATION DEPARTMENT, Defendant. / MICHAEL ASBERRY, NO. CIV. S-04-2467 LKK/PAN MICHAEL ASBERRY, NO. CIV. S-01-2343 LKK/PAN UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA the parties' papers, and after oral argument, the court concludes that the above-entitled actions are appropriate candidates for 1 Dockets.Justia.com Case 2:04-cv-02467-LKK-PAN Document 89 Filed 03/06/2006 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 consolidation under Rule 42(a) of the Federal Rules of Civil Procedure. It appears that consolidation of the actions is likely to effect a substantial saving of judicial effort and be convenient for the parties. The two trials, however, shall be bifurcated. The parties should be aware that consolidation does not merge the actions into a single action. Alfred Dunhill of London v. Each action Republic of Cuba, 425 U.S. 682, 735 n.22 (1976). remains separate and requires entry of a separate judgment. 9 Wright & Miller, Federal Practice and Procedure 2382, pp. 254-55 (1971). Therefore, IT IS ORDERED that: 1. 2. 2. file"; 3. The Clerk is directed to copy the complaint and answer in The actions are CONSOLIDATED; The trials in the above-actions shall be BIFURCATED; Case No. Civ. S-01-2343 is designated as the "master case no. Civ. S-04-2467 and to place said copies in the "master file"; 4. The Clerk is directed to administratively close case no. Civ. S-04-2467; 5. The parties are directed to file all future pleadings ONLY in case no. Civ. S-01-2343; and //// //// //// //// 2 Case 2:04-cv-02467-LKK-PAN Document 89 Filed 03/06/2006 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6. VACATED. The Status Conference scheduled for March 20, 2006 is The parties shall be prepared to discuss both cases at the Pretrial Conference currently scheduled for March 6, 2006. IT IS SO ORDERED. DATED: March 3, 2006. /s/Lawrence K. Karlton LAWRENCE K. KARLTON SENIOR JUDGE UNITED STATES DISTRICT COURT 3

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