Gardias v. The California State University, San Jose State University

Filing 88

ORDER by Magistrate Judge Howard R. Lloyd granting (19) defendant's Motion to Consolidate Cases; granting (15), (26) plaintiff's Motion to Amend Complaints; and (3) Setting Case Management Conference. Cases consolidated under common case number C09-05291HRL, and all future filings to be made exclusively in that case. Clerk shall administratively terminate Case Nos. C09-05611HRL, C10-03437HRL, C10-05637HRL, and C11-03196HRL. Plaintiff's motion to amend granted, and identified claims and allegations are dismissed. Case management conference set for 4/3/2012, 1:30 PM in Courtroom 2. Joint case management statement due by 3/27/2012. (hrllc2, COURT STAFF) (Filed on 2/13/2012)

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*E-FILED: February 13, 2012*

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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For the Northern District of California

United States District Court

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Nos.

PIOTR J. GARDIAS,

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Plaintiff,

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C09-05291 HRL
C09-05611 HRL
C10-03437 HRL
C10-05637 HRL
C11-03196 HRL

v.
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THE CALIFORNIA STATE UNIVERSITY;
SAN JOSE STATE UNIVERSITY,

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Defendant.

ORDER (1) GRANTING DEFENDANT’S
MOTION TO CONSOLIDATE CASES;
(2) GRANTING PLAINTIFF’S MOTION
TO AMEND COMPLAINTS; AND (3)
SETTING CASE MANAGEMENT
CONFERENCE

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/

[Re: Docket Nos. 19, 26]

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Defendant moves for an order consolidating plaintiff’s pending actions for all purposes,

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including trial. The court finds that consolidation will promote economy and efficiency, and

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that no party will be prejudiced. Accordingly, defendant’s motion for consolidation is granted.

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Fed. R. Civ. P. 42(a). The above-captioned actions shall be consolidated under the common

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case number, C09-05291HRL, and all future filings shall be made exclusively in that case.

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Gardias’ request for a separate bench trial in Case No. C09-05291 is denied. In view of the

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consolidation, the clerk shall administratively terminate Case Nos. C09-05611HRL, C10-03437

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HRL, C10-05637 HRL, and C11-03196 HRL.

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Plaintiff moves for leave to amend the complaints filed in Case Nos. C10-03437HRL

and C10-05637HRL. Specifically, he wishes to delete the following claims and allegations

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from his complaint in Case No. C10-03437HRL: (1) claims based on race, color, and national

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origin; (2) allegations that Anton Kashiri made an offensive remark about Jesus Christ;

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(3) allegations that plaintiff suffered an anxiety attack on June 30, 2010 because of Adam

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Bayer’s behavior; and (4) allegations concerning a July 2010 suspension and a denial of

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medical benefits for Gardias and his wife. As for Case No. C10-05637HRL, plaintiff wishes to

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delete the following allegations that, in July 2010, Adam Bayer accused him of poor work

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performance. The court will treat Gardias’ motion to amend as a request for voluntary

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dismissal. His motion is granted, and the above-described claims and allegations are dismissed.

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The parties shall appear for a case management conference on April 3, 2012, 1:30 p.m.

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For the Northern District of California

United States District Court

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in Courtroom 2 to discuss, among other things, setting a deadline for hearing dispositive

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motions in the now consolidated action. A joint case management statement shall be filed no

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later than March 27, 2012.

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SO ORDERED.
Dated: February 13, 2012
________________________________
HOWARD R. LLOYD

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UNITED STATES MAGISTRATE JUDGE

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Notice has been electronically mailed to:

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Mary Susan Cain-Simon [e-mail], [e-mail],
[e-mail]

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Notice sent by U.S. Mail to:

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Piotr J. Gardias
72 Floyd St.
San Jose, CA 95110

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Pro Se Plaintiff

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For the Northern District of California

United States District Court

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