Plane Exchange, Inc. v. Francois

Filing 11

ORDER signed by Senior Judge William B. Shubb on 7/9/2014 ORDERING that counsel for both Paul Francois and the Plane Exchange, Inc. shall submit a document expressing their respective views on whether the actions denominated Plane Exchange, Inc. v. Francois, Civ. No. 2:14-784 WBS KJN, and Francois v. Vincent, Civ. No. 2:14-1517 WBS KJN, should be consolidated. Counsel for both parties shall file this document within seven (7) days of the date this Order is signed. The court will then determine whether consolidation is appropriate without further input from the parties. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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Plaintiff,

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ORDER

THE PLANE EXCHANGE, INC.

CIV. NO. 2:14-784 WBS KJN

v.
PAUL FRANCOIS,
Defendant.

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PAUL FRANCOIS,
Plaintiff,

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v.

CIV. NO. 2:14-1517 WBS KJN

CRAIG VINCENT,
Defendant.

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----oo0oo---Federal Rule of Civil Procedure 42(a) provides that if

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two cases before the court involve a common question of law or

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fact, the court may consolidate the cases into a single action.
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Fed. R. Civ. P. 42(a)(2).

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single transaction in which Paul Francois purchased a plane from

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the Plane Exchange, Inc.

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asserts claims against Craig Vincent, the president of the Plane

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Exchange, for fraud, negligent misrepresentation, and intentional

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misrepresentation.

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seeks only a declaration that it breached no duty to Francois in

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the course of conducting the sale.

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These cases both appear to involve a

In the later-filed action, Francois

In the first-filed action, the Plane Exchange

Because these cases appear to involve essentially the

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same factual and legal issues, the court sees no reason that the

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cases should proceed on separate timetables for discovery, motion

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practice, and trial; doing so would only cause “unnecessary cost

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or delay,” which Rule 42 seeks to avoid.

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42(a)(3).

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these cases without first obtaining the input of the parties.

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Accordingly, the court orders the parties to express their views

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on whether the actions should be consolidated into a single

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proceeding.

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Fed. R. Civ. P.

The court is nonetheless reluctant to consolidate

IT IS THEREFORE ORDERED that counsel for both Paul

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Francois and the Plane Exchange, Inc. shall submit a document

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expressing their respective views on whether the actions

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denominated Plane Exchange, Inc. v. Francois, Civ. No. 2:14-784

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WBS KJN, and Francois v. Vincent, Civ. No. 2:14-1517 WBS KJN,

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should be consolidated.

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document within seven (7) days of the date this Order is signed.

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The court will then determine whether consolidation is

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appropriate without further input from the parties.

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Dated:

Counsel for both parties shall file this

July 9, 2014
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