Aulbach v. Experian Information Solutions, Inc. et al

Filing 35

ORDER by Judge Richard Seeborg denying 21 Motion to Consolidate Cases. (cl, COURT STAFF) (Filed on 2/3/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOHN AULBACH, Case No. 16-cv-05717-RS Plaintiff, 8 v. ORDER DENYING MOTION TO CONSOLIDATE CASES 9 10 United States District Court Northern District of California 11 EXPERIAN INFORMATION SOLUTIONS, INC., et al., Defendants. 12 13 Defendants Equifax, Inc. and Experian Information Solutions, Inc. move to consolidate 14 more than 170 cases filed in this district over the past year by Plaintiff’s counsel, Sagaria Law 15 P.C., alleging credit reporting inaccuracies based on Chapter 13 bankruptcy proceedings. Federal 16 Rule of Civil Procedure 42(a) provides: “If actions before the court involve a common question of 17 law or fact, the court may . . . consolidate the actions.” Whether or not to consolidate cases is at 18 the discretion of the district court. Inv’rs Research Co. v. U.S. Dist. Court for Cent. Dist. of 19 California, 877 F.2d 777, 777 (9th Cir. 1989). 20 Consolidation across the district is not warranted at this juncture. The motion to 21 consolidate is thus denied. However, consistent with evolving district practice, all cases assigned 22 to the undersigned that name the same defendants and involve similar allegations will be 23 coordinated. To date, those cases are: 3:16-cv-05672, 3:16-cv-05699, 3:16-cv-05717, 3:16-cv- 24 06328, 3:16-cv-06366, and 3:16-cv-05696. To the extent possible, those cases will be heard on 25 the same dates for hearings. For case management, the parties must file one joint case 26 management statement for all six cases, but they should file the document in each case. Pursuant 27 to Civil Local Rule 7-1(b), this matter is suitable for disposition without oral argument and the 28 February 23, 2017, hearing will be vacated. 1 IT IS SO ORDERED. 2 3 4 5 Dated: February 3, 2017 ______________________________________ ________________ _____________________ _ ________ _ ___ __ _ RICHARD SEEBORG United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDER DENYING MOTION TO CONSOLIDATE CASES CASE NO. 16-cv-05717-RS 28 2

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