Zimmerman v. Cardivan LLC

Filing 27

ORDER granting 23 Motion to Consolidate Cases. All future filings shall bear the case no. 2:17-cv-00307-GMN-GWF Signed by Magistrate Judge George Foley, Jr on 8/17/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KEVIN ZIMMERMAN,

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Plaintiff,
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vs.
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NEVADA CVS PHARMACY, LLC,
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Defendant.
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__________________________________________)

Case No. 2:17-cv-00307-GMN-GWF
ORDER

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This matter is before the Court on the parties’ Joint Motion to Consolidate Cases (ECF No.
26), filed on June 27, 2017.
Federal Rule of Civil Procedure 42(a) provides that “[i]f actions before the court involve

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common questions of law or fact, the court may (1) join for hearing or trial any or all matters at issue

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in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or

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delay.” The Court has broad discretion in determining whether to consolidate actions involving

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common questions of law or fact. Krause v. Nevada Mut. Ins. Co., Case No. 2:12-cv-00342-JCM-

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GWF, 2013 WL 6524657 at *3 (D. Nev. 2012). “Consolidation requires only a common question of

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law or fact; perfect identity between all claims in any two cases is not required.” Firefighters, Local

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1908 v. County of Clark, 2012 WL 1986590 at *2 (D. Nev. 2012). The Court must weigh “the

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interest of judicial convenience against the potential for delay, confusion and prejudice caused by

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consolidation.” Firefighters, 2012 WL 1986590 at *2 (quoting Sw. Marine, Inc. v. Triple A Mach.

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Shop, Inc., 720 F.Supp. 805, 807 (N.D.Cal. 1989)).

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On balance, the Court finds that consolidation, and the corresponding benefits (judicial

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economy and ability to avoid inconsistent verdicts), outweighs any inconvenience, delay, confusion,

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or prejudice that may result. The five cases the parties wish to consolidate all arise under Title III of

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the Americans with Disabilities Act and involve the same Plaintiff as well as the same or similar

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Defendants. In addition, these cases have all already been assigned to Chief Judge Navarro and the

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undersigned. Because there are sufficient common questions of law or fact present in these actions,

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the interests of judicial economy are supported by consolidation. The Court, however, reserves the

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right to order separate trials if appropriate. Accordingly,

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IT IS HEREBY ORDERED that the parties’ Joint Motion to Consolidate Cases (ECF No.
26) is granted.
IT IS FURTHER ORDERED that the parties’ Joint Motion to Consolidate Cases (ECF No.
23) in Case No. 2:17-cv-00523-GMN-GWF is granted.
IT IS FURTHER ORDERED that the parties’ Joint Motion to Consolidate Cases (ECF No.
20) in Case No. 2:17-cv-00538-GMN-GWF is granted.
IT IS FURTHER ORDERED that the parties’ Joint Motion to Consolidate Cases (ECF No.
24) in Case No. 2:17-cv-00600-GMN-GWF is granted.
IT IS FURTHER ORDERED that the parties’ Joint Motion to Consolidate Cases (ECF No.
10) in Case No. 2:17-cv-01357-GMN-GWF is granted.
IT IS FURTHER ORDERED that Zimmerman v. Nevada CVS Pharmacy, LLC, Case No.

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2:17-cv-00523-GMN-GWF; Zimmerman v. Nevada CVS Pharmacy, LLC, Case No. 2:17-cv-00538-

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GMN-GWF; Zimmerman v. Warm Springs Road CVS, LLC, Case No. 2:17-cv-00600-GMN-GWF;

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and Zimmerman v. Warm Springs Road CVS, LLC, Case No. 2:17-cv-01357-GMN-GWF, shall be

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consolidated with this case.

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IT IS FURTHER ORDERED that all future filings shall be filed in this case only.

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DATED this 17th day of August, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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