Whelan v. Potter

Filing 16

MEMORANDUM and ORDER signed by Judge Kimberly J. Mueller on 2/13/13 denying 6 Motion to Consolidate Cases. (Kaminski, H)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

HELEN WHELAN,
Plaintiff,

11
12
13
14
15

No. CIV S-12-2305 KJM-KJN

vs.
PATRICK R. DONAHUE, POSTMASTER
GENERAL, UNITED STATES POSTAL
SERVICE,
Defendants.

MEMORANDUM AND ORDER
/

16
17

This matter is before the court on plaintiff, Helen Whelan’s (“plaintiff”), motion to

18

consolidate this case with case number 2:09-v-cv-03606 KJM-CKD, which plaintiff filed on

19

September 13, 2012. (Mot. to Consolidate, ECF 6.) Plaintiff maintains consolidation is appropriate

20

because “[p]laintiff in each action asserts substantially the same claims and raises substantially the

21

same question of fact or law.” (Id. at 2:10-12.) For the same reasons the court denied plaintiff’s

22

motion to consolidate in case number 2:09-cv-03606 KJM-CKD (ECF 119), the court DENIES

23

plaintiff’s motion to consolidate in this case.

24
25

IT IS SO ORDERED.
DATED: February 13, 2013.

UNITED STATES DISTRICT JUDGE

26
1