Piotr Gardias v. San Jose State University

Filing 321

ORDER Denying Plaintiff's Motion to Consolidate. Case Nos. C04-04086HRL and C07-06242HRL are not being consolidated. Signed by Magistrate Judge Howard R. Lloyd on 2/7/2008. (hrllc2, COURT STAFF) (Filed on 2/7/2008)

Piotr Gardias v. San Jose State University

Doc. 321

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION PIOTR J. GARDIAS, Plaintiff, v. THE CALIFORNIA STATE UNIVERSITY, SAN JOSE STATE UNIVERSITY, Defendant. / No. C07-06242 HRL ORDER DENYING PLAINTIFF'S MOTION TO CONSOLIDATE *E-FILED 2/7/2008*

United States District Court

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For the Northern District of California

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[Docket No. 2]

On December 11, 2007, plaintiff filed his sixth lawsuit (C07-06242) for alleged employment discrimination against defendant and requested that it be consolidated for all purposes with his five previously filed actions under Consolidated Case No. C04-04086. Although the court indicated, at a February 5, 2008 status conference in C04-04086, that it was inclined to grant plaintiff's request, upon further review of his complaint in C07-06242, it appears that this newest lawsuit raises issues that are not present in the other five. Specifically, plaintiff's newest complaint indicates that he intends to raise issue(s) as to a claimed disability. By contrast, in C04-04086HRL, plaintiff vigorously opposed defendant's efforts to obtain discovery of his medical records by disclaiming any disability and any intent to inject issues as to his health in that litigation. Indeed, defendant consequently was barred from taking discovery of plaintiff's medical records because of these positions taken by plaintiff.

Dockets.Justia.com

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Accordingly, plaintiff's motion for consolidation is denied. See Fed.R.Civ.P. 42(a). The initial case management conference in Case No. C07-06242 remains set for April 1, 2008. (The clerk of the court shall also file a copy of this order in C04-04086). IT IS SO ORDERED.

Dated: February 7, 2008

________________________________ HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

United States District Court

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For the Northern District of California

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A copy of this document will be mailed to: Piotr J. Gardias 72 Floyd Street San Jose, CA 95110 Plaintiff (Pro Se) Notice has been electronically mailed to: Mary Susan Cain-Simon [e-mail], [e-mail] Fiel D. Tigno [e-mail]

United States District Court

11
For the Northern District of California

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