League to Save Lake Tahoe, et al. v. Tahoe Regional Planning Agency

Filing 19

ORDER signed by Senior Judge Lawrence K. Karlton on 4/7/09 ORDERING that League to Save Lake Tahoe v. TRPA, (No. 2:08-cv-2828 LKK GGH) and Shorezone Property Owners Assoc. v. TRPA (No. 2:08-cv-3081 LKK GGH) are hereby CONSOLIDATED. Case No. 2:08-cv- 2828 LKK GGH is designated as the "master file." The Clerk is directed to copy the operative complaint and the answer to the complaint from No. 2:08-cv-3081 LKK GGH, and to place those copies in the "master file." The Clerk is dir ected to administratively close case No. 2:08-cv-3081 LKK GGH. The parties are directed to file all future pleadings only in case no. 2:08-cv-2828 LKK GGH. TRPA SHALL produce the administrative record no later than May 20, 2009. Motions regarding the completeness of the administrative record and any supplementation thereof SHALL be filed no later than June 10, 2009. Status Conference set for 6/22/2009 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Duong, D)

1 2 3 4 5 6 7 8 9 10 11 Plaintiffs, 12 v. 13 14 15 16 17 18 19 20 21 22 Defendant. 23 24 25 26 / Pending before the court is a request by the Tahoe Regional Planning Agency ("TRPA") to consolidate two cases pending against it: League to Save Lake Tahoe v. TRPA, (No. 2:08-cv-2828 LKK GGH) 1 v. TAHOE REGIONAL PLANNING AGENCY, ORDER TAHOE REGIONAL PLANNING AGENCY, Defendant. / SHOREZONE PROPERTY OWNERS ASSOCIATION, INC., a nonprofit Nevada corporation, aka TAHOE LAKEFRONT OWNERS' ASSOCIATION, Plaintiff, NO. CIV. S-08-3081 LKK/GGH NO. CIV. S-08-2828 LKK/GGH LEAGUE TO SAVE LAKE TAHOE and SIERRA CLUB, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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and Shorezone Property Owners Assoc. v. TRPA (No. 2:08-cv-3081 LKK GGH). This request was made as part of TRPA's status report, and Both cases concern

is not opposed by plaintiffs in either case.

TRPA's regulation of activities in the Lake Tahoe Basin, and in particular, the shorezone ordinances adopted by TPRA on October 22, 2008. The Court has already related the two cases by order of

January 7, 2009. Federal Rule of Civil Procedure 42(a) provides that: When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings there in as may intend to avoid unnecessary costs or delay. F.R.C.P. 42 (a). The district court has broad discretion under

this rule to consolidate cases pending in the same district. Investors Research Co. v. U.S. Dist. Court for Cent. Dist. of California, 877 F.2d 777, 777 (9th Cir. 1989). Given that all involved parties request the consolidation and that the cases involve similar, or in some cases inverse,

allegations and facts, the court hereby grants the request for consolidation. In addition, at the status conference held on April 6, 2009, the parties in the two consolidated actions represented that all pending claims are to be resolved solely on the administrative record. TRPA expects to produce this record no later than May 20,

2009, and the parties represent that they will need no more than three weeks to determine whether they will seek supplementation of 2

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this record. Accordingly, the court ORDERS as follows: 1. League to Save Lake Tahoe v. TRPA, (No. 2:08-cv-2828 LKK GGH) and Shorezone Property Owners Assoc. v. TRPA (No. 2:08-cv-3081 LKK GGH) are hereby CONSOLIDATED. 2. Case No. 2:08-cv-2828 LKK GGH is designated as the "master file;" 3. The Clerk is directed to copy the operative complaint and the answer to the complaint from No. 2:08-cv-3081 LKK GGH, and to place those copies in the "master file;" 4. The Clerk is directed to administratively close case No. 2:08-cv-3081 LKK GGH; 5. The parties are directed to file all future pleadings only in case no. 2:08-cv-2828 LKK GGH; 6. TRPA SHALL produce the administrative record no later than May 20, 2009. 7. Motions regarding the completeness of the administrative record and any supplementation thereof SHALL be filed no later than June 10, 2009. 8. A further status conference to set a consolidated

schedule is SET for June 22, 2009 at 1:30 PM. IT IS SO ORDERED. DATED: April 7, 2009.

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