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)

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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

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