Redos v. Union Pacific Railroad

Filing 47

ORDER signed by Judge Morrison C. England, Jr. on 4/10/09 ORDERING that Pltf's 37 motion to consolidate is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED as to Redos v. Union Pacific Railroad Company, 2:08-cv-1036-MCE-KJM, and Nickl es v. Union Pacific Railroad Company, 2:08-cv-01155-MCE-KJM, and DENIED without prejudice as to consolidation with Gomez v. Union Pacific Railroad Company, 2:09-cv-00225-MCE-KJM. In the event pltf Gomez is served with the Motion within 20 days and pltf Gomez files a Statement of Non-Opposition within 10 days, the Court will reconsider its denial as to pltf Gomez. (Engbretson, K.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 ----oo0oo---17 18 19 20 21 22 23 24 25 26 27 28 Presently before the Court is Plaintiff's Motion to Consolidate for Discovery Purposes this action with Nickles v. Union Pacific Railroad Company, 2:08-cv-01155-MCE-KJM, and Gomez v. Union Pacific Railroad Company, 2:09-cv-00225-MCE-KJM. The JOHN F. REDOS, JR., Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, ORDER No. 2:08-cv-01036-MCE-KJM UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Court previously ordered these cases related as they arise out of the same factual predicate, specifically a derailment of rail grinding track maintenance equipment in Placer County, California. Defendant filed a Statement of Non-Opposition to the

consolidation of the Redos and Nickles actions, but there is no indication in the record that Plaintiff Gomez was either notified of the instant Motion or consented to consolidation. 1

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Accordingly, Plaintiff's Motion to Consolidate (Docket No. 37) is granted in part and denied in part. The Motion is GRANTED

as to Redos v. Union Pacific Railroad Company, 2:08-cv-1036-MCEKJM, and Nickles v. Union Pacific Railroad Company, 2:08-cv01155-MCE-KJM, and DENIED without prejudice as to consolidation with Gomez v. Union Pacific Railroad Company, 2:09-cv-00225-MCEKJM. In the event Plaintiff Gomez is served with the instant Motion within twenty (20) days from the date this Order is electronically filed and Plaintiff Gomez thereafter files a Statement of Non-Opposition within ten (10) days from the date this Order is electronically filed, the Court will reconsider its denial as to Plaintiff Gomez. IT IS SO ORDERED. Dated: April 10, 2009

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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