The Board of Trustees et al v. Paul T. Beck Contractors, Inc.

Filing 50

ORDER CONSOLIDATING CASES into lead case C-10-1492-EDL. Signed by Magistrate Judge Elizabeth D. Laporte on 08/12/2011. (kns, COURT STAFF) (Filed on 8/15/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES et al.,
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For the Northern District of California

United States District Court

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Plaintiffs,
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No. C-10-1492-EDL
No. C-10-1493-EDL
No. C-10-5539-EDL
No. C-10-5540-EDL

v.
ORDER CONSOLIDATING CASES

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PAUL T. BECK CONTRACTORS, INC. et al.

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Defendants.

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__________________________/

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On July 21, 2011, this Court ordered that the following four cases were related: 10-149219
EDL, Board of Trustees, et al. v. Paul T. Beck Contractors, Inc; 10-1493-EDL, Board of Trustees, et
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al. v. Paul T. Beck Contractors, Inc; 10-5540-EDL, Board of Trustees v. James Ray Beck, et al.; and
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10-5539-EDL, Board of Trustees v. James Ray Beck, et al. Previously, the Court informed the
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parties that it would rule on their stipulated request to consolidate the actions when and if the cases
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were related before this Court. Now that the cases have been related, the Court finds good cause for
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consolidating the actions.
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Federal Rule of Civil Procedure 42(a) provides that: “If actions before the court involve a
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common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue
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in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or
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delay.” In exercising its broad discretion to order consolidation, a district court “weighs the saving

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of time and effort consolidation would produce against any inconvenience, delay, or expense that it

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would cause.” Huene v. U.S., 743 F.2d 703, 704 (9th Cir.1984). The Court believes that

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consolidation of these actions, which involve some common questions of law or fact, will promote

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judicial efficiency and avoid conflicting results. Id. Therefore, the four above-listed cases are

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hereby CONSOLIDATED.

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The four consolidated cases shall be subject to the deadlines set forth in the Court’s June 3,
2011 Order regarding the parties’ stipulated request to modify the pre-trial order.

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Going forward, all filings in the consolidated cases shall be made in the lowest number case,

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10-1492-EDL, Board of Trustees, et al. v. Paul T. Beck Contractors, Inc, unless otherwise specified
by this Court.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: August 12, 2010
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ELIZABETH D. LAPORTE
United States Magistrate Judge