Ervin v. Experian Information Solutions, Inc. et al
Filing
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ORDER denying 30 Motion to Consolidate Cases. Signed by Judge Edward J. Davila on 2/6/2017. (ejdlc1S, COURT STAFF) (Filed on 2/6/2017)
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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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ROBERT ERVIN,
Case No. 5:16-cv-04631-EJD
United States District Court
Northern District of California
Plaintiff,
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ORDER DENYING MOTION TO
CONSOLIDATE
v.
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EXPERIAN INFORMATION SOLUTIONS,
INC., et al.,
Defendants.
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Re: Dkt. No. 30
Defendants and well-known credit reporting agencies Experian Information Solutions, Inc.
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and, where named, Equifax Inc. (collectively, the “CRAs”), move under Federal Rule of Civil
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Procedure 42(a) for an order consolidating the above-entitled action with over one hundred other
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cases pending in this district, all of which share a common plaintiff’s lawyer and arise from
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similar legal theories and factual allegations concerning inaccurate or misleading credit reporting.
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The court has received written opposition to the motion.
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This matter is suitable for decision without oral argument, and the associated motion
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hearing is therefore VACATED. Civ. L.R. 7-1(b). As to the arguments raised in the CRAs’
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motion, the court finds, concludes and orders as follows:
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1.
Rule 42(a) provides that “[w]hen actions involving a common question of law or
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fact are pending before the court,” those actions may be coordinated through “a joint hearing or
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trial of any or all the matters in issue in the actions,” through consolidation, or by any other
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Case No.: 5:16-cv-04631-EJD
ORDER DENYING MOTION TO CONSOLIDATE
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method designed “to avoid unnecessary cost or delay.” “The district court has broad discretion
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under this rule to consolidate cases pending in the same district.” Investors Research Co. v.
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United States Dist. Ct. for Cent. Dist. of California, 877 F.2d 777 (9th Cir. 1989); accord Young v.
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City of Augusta, 59 F.3d 1160, 1169 (11th Cir. 1995) (“We have found no cases, however, in
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which a court’s refusal to order consolidation has been overturned.”); Garity v. APWU Nat’l
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Labor Org., 828 F.3d 848, 855-56 (9th Cir. 2016) (“[D]istrict courts have ‘broad discretion’ to
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consolidate complaints, . . . but is not required to, consolidate actions . . . .”). To determine
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whether consolidation is appropriate, the district court “weighs the saving of time and effort
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consolidation would produce against any inconvenience, delay, or expense that it would cause.”
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United States District Court
Northern District of California
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Huene v. United States, 743 F.2d 703, 704 (9th Cir. 1984).
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The CRAs argue that because of their similarities, consolidation of all cases before
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one judge “will result in substantial savings of time and expense for the Court and the parties.”
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The court, however, disagrees that the potential positive effects of consolidation outweigh the
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negative ones. While it is true, as the CRAs point out, that Plaintiff’s counsel has employed
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largely identical, formulaic pleadings in each of the several cases filed in this district, that fact
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does not strongly favor consolidation under these particular circumstances. Despite the way they
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are presented by counsel, the undersigned’s extensive experience with these actions has revealed
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that the specific factual allegations relevant to each individual plaintiff’s claims is unique enough
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such that consolidation before one judge would not result in substantial benefit. Indeed, doing so
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would unnecessarily inconvenience and overburden one member of this court. Moreover,
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consolidation of all the actions for joint discovery and other pre-trial matters would inevitably
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delay resolution of those simpler ones that do not require either extensive discovery or case
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management.
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3.
Furthermore, it is worth noting that the actions have not been related according to
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Civil Local Rule 3-12, which in this district seems a necessary precursor to consolidation. Also,
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the undersigned and several colleagues have already made efforts to coordinate their own cases to
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the extent possible with jointly-schedule motion hearings, case management conferences, and trial
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Case No.: 5:16-cv-04631-EJD
ORDER DENYING MOTION TO CONSOLIDATE
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dates to increase efficiency and convenience, and to minimize costs and other burdens.
Thus, having considered the relevant factors, the court finds that consolidation of the cases
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identified by the CRAs would not satisfy the purpose of Rule 42(a), particularly when individual
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judicial efforts are already being made to avoid unnecessary cost and delay. Accordingly, the
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CRAs’ motion is DENIED.
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IT IS SO ORDERED.
Dated: February 6, 2017
______________________________________
EDWARD J. DAVILA
United States District Judge
United States District Court
Northern District of California
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Case No.: 5:16-cv-04631-EJD
ORDER DENYING MOTION TO CONSOLIDATE
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