Messano v. Experian Information Solutions, Inc. et al
Filing
40
ORDER by Judge Haywood S. Gilliam, Jr. DENYING JOINT 28 MOTION TO CONSOLIDATE. (ndrS, COURT STAFF) (Filed on 1/4/2017)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
LISA MESSANO,
Case No. 16-cv-05697-HSG
Plaintiff,
8
ORDER DENYING JOINT MOTION TO
CONSOLIDATE
v.
9
10
EXPERIAN INFORMATION SOLUTIONS,
INC., et al.,
Defendants.
United States District Court
Northern District of California
11
12
Re: Dkt. No. 28
Federal Rule of Civil Procedure 42 permits a court to consolidate actions if they “involve a
13
common question of law or fact.” Fed. R. Civ. P. 42. “The district court has broad discretion
14
under this rule to consolidate cases pending in the same district.” Inv’rs Research Co. v. U.S. Dist.
15
Court for Cent. Dist. of Cal., 877 F.2d 777, 777 (9th Cir. 1989). In considering a motion to
16
consolidate, a court “weighs the saving of time and effort consolidation would produce against any
17
inconvenience, delay, or expense that it would cause.” Huene v. United States, 743 F.2d 703, 704
18
(9th Cir.), on reh’g, 753 F.2d 1081 (9th Cir. 1984). Here, Defendants Experian Information
19
Solutions, Inc. and Equifax, Inc. have jointly moved for the Court to consolidate more than 170
20
similar suits filed by Plaintiff’s counsel and alleging violations of state and federal credit reporting
21
laws. Dkt. No. 28. On balance, the Court finds that any efficiency gained by having a single
22
judge hear the suits would be outweighed by the delay that would result from burdening a single
23
judge’s chambers with over 170 cases—on top of its existing caseload. Accordingly, the Court
24
DENIES the joint motion to consolidate.
25
26
27
28
IT IS SO ORDERED.
Dated: 1/4/2017
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge
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?