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