Rubirosa Vizcaino v. Experian Information Solutions, Inc. et al

Filing 29

ORDER Denying 20 Motion to Consolidate. Signed by Judge Thelton E. Henderson on 01/31/17. (tehlc1, COURT STAFF) (Filed on 1/31/2017)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 RUBIROSA VIZCAINO, Plaintiff, 5 6 7 8 v. EXPERIAN INFORMATION SOLUTIONS, INC., Case No. 16-cv-05703-TEH ORDER DENYING MOTION TO CONSOLIDATE Defendant. 9 10 Before the Court is Experian Information Solutions, Inc.’s (“Experian”) Motion to United States District Court Northern District of California 11 Consolidate filed on December 22, 2016. Experian seeks to consolidate more than 170 12 suits filed by Plaintiff’s counsel and assigned to different judges in this district. 13 Federal Rule of Civil Procedure 42 permits a court to consolidate actions if they 14 “involve a common question of law or fact.” Fed. R. Civ. P. 42. The district court has 15 broad discretion to decide whether consolidation is appropriate. Inv’rs Research Co. v. 16 U.S. Dist. Court for Cent. Dist .of California, 877 F.2d 777, 777 (9th Cir.1989). 17 This Court joins other judges in the Northern District of California in DENYING 18 Experian’s request for consolidation. See e.g., Mamisay v. Experian Info. Sols., Inc., 19 No. 4:16-cv-05684-YGR (N.D. Cal. Jan. 25, 2017); Gonzalez v. Experian Info. Sols., Inc., 20 et al, No. 3:16-cv-05678-HSG (N.D. Cal. Jan. 4, 2017). First, the Court does not have the 21 authority to consolidate cases not before it. See General Order No. 44(B) (granting the 22 Court’s Executive Committee the power to review assignment orders). Second, any 23 efficiency gained by consolidation would be outweighed by the delay and undue burden 24 resulting from assignment of over a hundred cases to a single judge. 25 26 IT IS SO ORDERED. 27 Dated: 01/31/17 28 _____________________________________ THELTON E. HENDERSON United States District Judge

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