Sessoms v. Keller et al

Filing 8

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/12/2017 GRANTING plaintiff's 7 motion for reconsideration. The Clerk shall VACATE the 5 Order of Dismissal. The actions Sessoms v. Keller, No. 2:17-cv-0304 CKD and Sessoms v. Kelle r, No. 2:16-cv-1943 EFB are CONSOLIDATED. The Clerk shall file a copy of this order in both cases to notify all parties of the consolidation. Upon filing this order, the Clerk shall administratively close Sessoms v. Keller, No. 2:17-cv-0304 CKD. All future filings shall be in Sessoms v. Keller, No. 2:16-cv-1943 EFB. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIO DINERO SESSOMS,

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No. 2:17-cv-0304 CKD P

Plaintiff,
v.

ORDER

JOHN PATRICK KELLER, et al.,
Defendants.

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Before the court is plaintiff’s motion for reconsideration of the March 21, 2017 judgment

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dismissing this case as duplicative of an earlier-filed action, Sessoms v. Keller, No. 16-cv-1943

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EFB (E.D.Cal.). See Federal Rules of Civil Procedure 59(e) & 60(b).

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Plaintiff argues that, even though both actions allege constitutional violations in the

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investigation leading up to plaintiff’s 2001 murder conviction (since vacated), and both actions

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name Sacramento Detectives Keller and Woods as defendants, the instant case is not duplicative,

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as the prior case concerns a Miranda violation and the instant case challenges plaintiff’s arrest

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warrant. (ECF No. 7.) As plaintiff’s argument has merit, the undersigned will grant the motion

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for reconsideration.

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Federal Rule of Civil Procedure 42(a) permits the court to consolidate actions involving a

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common question of law or fact, and consolidation is proper when it serves the purposes of

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judicial economy and convenience. “The district court has broad discretion under this rule to
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consolidate cases pending in the same district.” Investors Research Co. v. United States District

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Court for the Central District of California, 877 F.2d 777 (9th Cir. 1989). In determining whether

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to consolidate actions, the Court weighs the interest of judicial convenience against the potential

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for delay, confusion, and prejudice caused by consolidation. Southwest Marine, Inc., v. Triple A.

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Mach. Shop, Inc., 720 F. Supp. 805, 807 (N.D. Cal. 1989). Here, the two actions involve

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common questions of law and fact, and in light of the above factors, consolidation is warranted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for reconsideration (ECF No. 7) is granted;

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2. The Clerk of Court is directed to vacate the order of dismissal (ECF No. 5);

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3. The actions Sessoms v. Keller, No. 17-cv-0304 CKD and Sessoms v. Keller, No. 16cv-1943 EFB are consolidated;
4. The Clerk of Court shall file a copy of this order in both cases in order to notify all
parties of the consolidation;
5. Upon filing this order, the Clerk of Court shall administratively close Sessoms v.
Keller, No. 17-cv-0304 CKD; and

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6. All future filings shall be in Sessoms v. Keller, No. 16-cv-1943 EFB.

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IT IS SO ORDERED.

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Dated: April 12, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / sess0304.consol

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