Quezada et al v. Responsible Roofing, Inc. et al

Filing 63

ORDER by Judge Edward M. Chen Granting (50) Plaintiffs' Motion to Consolidate Cases in case 3:08-cv-00821-EMC; Granting (44) Plaintiffs' Motion to Consolidate Cases in case 3:08-cv-04905-EMC. (emcsec, COURT STAFF) (Filed on 11/16/2009)

1 2 3 4 5 6 7 8 9 10 v. RESPONSIBLE ROOFING, INC., et al., Defendants. ___________________________________/ FEDERICO QUEZADA, et al., Plaintiffs, v. RESPONSIBLE ROOFING, INC., et al., Defendants. ___________________________________/ FEDERICO QUEZADA, et al., Plaintiffs, No. C-08-0821 EMC No. C-08-4905 EMC ORDER GRANTING PLAINTIFFS' MOTION TO CONSOLIDATE (Docket No. 50 in C-08-0821; Docket No. 44 in C-08-4905) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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Plaintiffs in the above-referenced cases, represented by the same counsel, have moved to consolidate the cases. The court ordered Defendants to file any opposition to the motion by October 28, 2009. See Docket No. 53 (Order at 2). The individual defendants in the case filed a statement of nonopposition to the motion to consolidate on November 5, 2009. The corporate defendant did not file any response to Plaintiffs' motion.1

The Court previously gave the corporate defendant until September 30, 2009, to find counsel and to have that counsel make an appearance in this case. See Docket No. 47 (Order at 2). No appearance was made by that date or has been made since.

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In light of the nonopposition, the Court hereby GRANTS Plaintiffs' motion to consolidate. The Court also notes that Plaintiffs have made an adequate showing that consolidation is appropriate pursuant to Federal Rule of Civil Procedure 42(a) -- i.e., there are both common questions of law and fact in the cases. This order disposes of Docket No. 50 in Case No. C-08-0821 EMC and Docket No. 44 in Case No. C-08-4905 EMC.

IT IS SO ORDERED.

Dated: November 16, 2009 _________________________ EDWARD M. CHEN United States Magistrate Judge

United States District Court

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For the Northern District of California

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