Lam et al v. Newsom et al

Filing 23

ORDER Denying Motion to Consolidate. Signed by Judge Phyllis J. Hamilton on 9/9/2011. (hlk, COURT STAFF) (Filed on 9/9/2011)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 ALFRED LAM, et al., Plaintiff(s), 8 9 ORDER DENYING MOTION TO CONSOLIDATE CITY AND COUNTY OF SAN FRANCISCO, et al., 11 For the Northern District of California United States District Court 10 v. No. C 10-4641 PJH 12 Defendant(s). _______________________________/ 13 Before the court is plaintiffs’ motion to consolidate this case with previously-filed 14 case Alfred Lam, et al., v. City and County of San Francisco, C 08-4702, in which plaintiffs 15 seek to add the same claims to the previously-filed case that they unsuccessfully sought to 16 add by way of a prior motion to supplement the third amended complaint. As stated at the 17 case management conference on September 8, 2011, the court views the attempted 18 consolidation as a means of achieving what plaintiffs could not achieve by way of their 19 motion to supplement. Because discovery has closed in the 2008 case and it is now ready 20 for dispositive motions and trial and because discovery has just commenced in this case, 21 the motion is DENIED. The October 5, 2011 date for hearing on the motion to consolidate 22 is VACATED. 23 IT IS SO ORDERED. 24 Dated: September 9, 2011 25 26 27 28 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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