Allen et al v. County of Santa Clara et al

Filing 40

ORDER CONSOLIDATING CASES. Signed by Judge Beth Labson Freeman on 5/16/2016. (blflc2S, COURT STAFF) (Filed on 5/17/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SEAN ALLEN, et al.,

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Case No. 14-cv-03829-BLF

Plaintiffs,
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United States District Court
Northern District of California

v.

ORDER CONSOLIDATING CASES

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COUNTY OF SANTA CLARA, et al.,

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Defendants.
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Pursuant to Federal Rule of Civil Procedure 42, the Court sua sponte considers whether

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this matter and the related case, Trbovich v. County of Santa Clara, Case No. 14-cv-03830-BLF

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should be consolidated.1
“When actions involving a common question of law or fact are pending before the court, it

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. . . may order all the actions consolidated.” Fed. R. Civ. Pro. 42(a). The “district court has broad

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discretion under this rule to consolidate cases pending in the same district.” Investors Research

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Co. v. U.S. Dist. Court for Cent. Dist. of California, 877 F.2d 777, 777 (9th Cir. 1989). “In

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determining whether or not to consolidate cases, the Court should weigh the interest of judicial

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convenience against the potential for delay, confusion and prejudice.” Bodri v. Gopro, Inc., No.

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The Court previously related Allen and Trbovich under Civil Local Rule 3-12, which provides
that “[a]n action is related to another when: (1) [t]he actions concern substantially the same
parties, property, transaction or event; and (2) [i]t appears likely that there will be an unduly
burdensome duplication of labor and expense or conflicting results if the cases are conducted
before different Judges.” ECF 17.

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16-CV-00232-JST, 2016 WL 1718217, at *1 (N.D. Cal. Apr. 28, 2016) (quoting Zhu v. UCBH

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Holdings, Inc., 682 F. Supp. 2d 1049, 1052 (N.D. Cal. 2010).

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The Court finds that Allen and Trbovich involve several common questions of law and fact.

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In both cases, Plaintiffs Jona Trbovich and Shona Santos—joined by Sean Allen in Allen—bring

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claims under Title VII, the California Fair Employment and Housing Act (“FEHA”), 42 U.S.C. §

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1983, and 42 U.S.C. § 1981 against the County of Santa Clara and Douglas Ulrich, as well as

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other individuals. While Allen focuses on gender discrimination and sexual harassment and

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Trbovich focuses on racial discrimination, the two cases are based on similar misconduct over the

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same time period. For example, allegations that officers harassed Ms. Trbovich for having had a
relationship with an African American man are central to both cases. See Compl. ¶¶ 28-30, ECF 1;

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United States District Court
Northern District of California

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see also Trbovich Compl. ¶ 21, ECF 1 in Case No. 14-cv-03830-BLF.

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The Court also finds that consolidation would minimize the risk of delay and the burden on

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parties, witnesses, and available judicial resources. Given the substantial overlap in parties and

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underlying facts, the Court finds that the risks of confusion and prejudice are minimal. Thus, the

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Court finds that consolidation is warranted here.

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Accordingly, the Court CONSOLIDATES the actions for all purposes, including trial and

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dispositive motions. For administrative purposes, the docket in Trbovich, the later-filed case, shall

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be closed. However, Plaintiffs need not file an amended complaint; the Court shall construe the

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Complaint in each case together as the governing Complaint in the consolidated action.

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To avoid unnecessary cost or delay, the Court ORDERS that Plaintiffs and each Defendant

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may file only one motion for summary judgment in this consolidated action. See Fed. R. Civ. P.

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42(a)(3). Any such motion is set for hearing on July 28, 2016. The Court DENIES the request to

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continue the trial date, see ECF 38, which remains set for October 31, 2016.

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In addition, the Court ORDERS the parties to submit a schedule of all depositions for the

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consolidated case, along with a proposed order, by no later than May 25, 2016. If the parties

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cannot reach agreement, they are ORDERED to come before the Court on May 26, 2016 at 9:00

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AM with every deponent whose date has not been set appearing in person, with the exception of

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Mr. Morin who may appear by telephone.
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Finally, pursuant to the parties’ stipulation at the May 12, 2016 Case Management

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Conference, the Honorable James Larson (Ret.) is hereby APPOINTED Special Master of

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Discovery in the consolidated action. The parties have agreed to use the fee-splitting arrangement

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currently in place for the Trbovich matter.

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IT IS SO ORDERED.

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Dated: May 16, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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