Prime Healthcare Shasta, LLC v. Hargan
Filing
76
ORDER signed by District Judge Troy L. Nunley on 1/9/2018 ORDERING the following actions are consolidated for all purposes, including trial and all pretrial matters: 2:14-cv-02791-TLN-KJN; 2:15-cv-00154-TLN-KJN; 2:15-cv-00324-TLN-KJN; 2:15-cv-00400-TLN-KJN; 2:15-cv-00450-TLN-KJN; 2:15-cv-00473-TLN-KJN; 2:15-cv-00474-TLN-KJN;. 2:15-cv-00709-TLN-KJN; 2:15-cv-01120-TLN-KJN; 2:16-cv-00230-TLN-KJN; 2:16-cv-02278-TLN-KJN; and 2:16-cv-02521-TLN-KJN; Plaintiff shall have seven (7) days from the date this Order is entered to file the Proposed consolidated Complaint. That filing shall be docketed solely on the docket for Case No. 2:14-cv-02791-TLN-KJN. Going forward no filing should be made under any of the other case numbers listed in the preceding paragraph; Defendant shall have forty-five (45) days after service of the Proposed Consolidated Complaint to file an answer. (Becknal, R)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
12
PRIME HEALTHCARE SERVICES –
SHASTA, LLC,
Plaintiff,
13
v.
14
15
16
SYLVIA MATHEWS BURWELL,
Secretary of the Department of Health and
Human Services,
Defendant.
17
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
2:14-cv-02791-TLN-KJN;
2:15-cv-00154-TLN-KJN;
2:15-cv-00324-TLN-KJN;
2:15-cv-00400-TLN-KJN;
2:15-cv-00450-TLN-KJN;
2:15-cv-00473-TLN-KJN;
2:15-cv-00474-TLN-KJN;
2:15-cv-00709-TLN-KJN;
2:15-cv-01120-TLN-KJN;
2:16-cv-00230-TLN-KJN;
2:16-cv-02278-TLN-KJN;
2:16-cv-02521-TLN-KJN
18
ORDER
19
20
21
Plaintiff and Defendant are the sole parties to twelve related cases, which are identified in
22
the caption (collectively, “Related Cases”). The parties have filed a Joint Motion to Consolidate
23
Related Actions and Extend Time for Filing Amended Complaint. (ECF No. 74)1 The parties
24
have twice attempted to have the Related Cases consolidated. In the Court’s most recent Order
25
on this subject, the Court denied this request without prejudice and instructed the parties to
26
include a proposed amended complaint as an exhibit should they file another motion to
27
1
28
The instant motion has been docketed in each of the Related Cases. For ease of reference, docket entries
cited or referenced in this Order are taken from 2:14-cv-02791-TLN-KJN.
1
1
consolidate. (ECF No. 71.) As requested, the instant motion attaches a proposed consolidated
2
amended complaint (“the Proposed Consolidated Complaint”) as an exhibit. (ECF No. 74 at 16–
3
51.)
4
“The district court, in exercising its broad discretion to order consolidation of actions
5
presenting a common issue of law or fact under Rule 42(a), weighs the saving of time and effort
6
consolidation would produce against any inconvenience, delay, or expense that it would cause.”
7
Huene v. United States, 743 F.2d 703, 704 (9th Cir. 1984). Having carefully reviewed the
8
parties’ submissions, including the Proposed Consolidated Complaint, the Court determines that
9
consolidation is appropriate. Accordingly, the Court hereby GRANTS the Joint Motion to
10
Consolidate Related Actions and Extend Time for Filing Amended Complaint.
11
IT IS HEREBY ORDERED that:
12
1.
13
14
The following actions are consolidated before this Court for all purposes,
including trial and all pretrial matters:
•
15
16
No. 2:14-cv-02791-TLN-KJN;
•
17
18
•
•
•
•
Prime Healthcare Services – Shasta, LLC v. Sylvia Mathews Burwell, Case
No. 2:15-cv-00473-TLN-KJN;
•
27
28
Prime Healthcare Services – Shasta, LLC v. Sylvia Mathews Burwell, Case
No. 2:15-cv-00450-TLN-KJN;
25
26
Prime Healthcare Services – Shasta, LLC v. Sylvia Mathews Burwell, Case
No. 2:15-cv-00400-TLN-KJN;
23
24
Prime Healthcare Services – Shasta, LLC v. Sylvia Mathews Burwell, Case
No. 2:15-cv-00324-TLN-KJN;
21
22
Prime Healthcare Services – Shasta, LLC v. Sylvia Mathews Burwell, Case
No. 2:15-cv-00154-TLN-KJN;
19
20
Prime Healthcare Services – Shasta, LLC v. Sylvia Mathews Burwell, Case
Prime Healthcare Services – Shasta, LLC v. Sylvia Mathews Burwell, Case
No. 2:15-cv-00474-TLN-KJN;
•
Prime Healthcare Services – Shasta, LLC v. Sylvia Mathews Burwell, Case
2
1
No. 2:15-cv-00709-TLN-KJN;
•
2
3
No. 2:15-cv-01120-TLN-KJN;
•
4
5
Prime Healthcare Services – Shasta, LLC v. Sylvia Mathews Burwell, Case
No. 2:16-cv-00230-TLN-KJN;
•
6
7
Prime Healthcare Services – Shasta, LLC v. Sylvia Mathews Burwell, Case
No. 2:16-cv-02278-TLN-KJN; and
•
8
9
10
Prime Healthcare Services – Shasta, LLC v. Sylvia Mathews Burwell, Case
Prime Healthcare Services – Shasta, LLC v. Sylvia Mathews Burwell, Case
No. 2:16-cv-02521-TLN-KJN.
2.
Plaintiff shall have seven (7) days from the date this Order is entered to file the
11
Proposed Consolidated Complaint. That filing shall be docketed solely on the docket for Case
12
No. 2:14-cv-02791-TLN-KJN. Going forward no filing should be made under any of the other
13
case numbers listed in the preceding paragraph.
14
15
16
3.
Defendant shall have forty-five (45) days after service of the Proposed
Consolidated Complaint to file an answer.
IT IS SO ORDERED.
17
18
Dated: January 9, 2018
19
20
21
22
Troy L. Nunley
United States District Judge
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?