Bernabe v. State of Nevada et al

Filing 18

ORDER denying 10 Motion to Consolidate Cases. Signed by Judge Jennifer A. Dorsey on 4/24/2017. (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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Clara L. Bernabe,

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2:17-cv-00792-JAD-CWH

Plaintiff
Order Denying Motion to Consolidate

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v.

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State of Nevada, et al.,

[ECF No. 10]
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Defendants

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Clara Bernabe sues the State of Nevada, Clark County, and Ditech Financial, LLC for

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“trespass on the case.” She claims that these defendants “exceeded” their “jurisdiction under color

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of law” “in an attempt to unlawfully and forcefully extort money from counterclaimants and remove

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counterclaimants from [their] domicile and land.”1 Defendant Ditech Financial moves to consolidate

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this action with a prior action by Clara and Carlito Bernabe against Ditech alleging violations of the

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Fair Debt Collection Practices Act.2 The Bernabes voluntarily dismissed their FDCPA case against

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Ditech a month before Ditech moved for consolidation,3 and the FDCPA case was closed. As a

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result, there are no longer multiple “actions before the court” capable of consolidation under Local

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Rule 42-1(b), and the judge presiding over the earlier-filed case has denied the request for

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consolidation.4

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...

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ECF No. 1.

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2:16-cv-997-GMN-PAL. See ECF No. 10 (motion to consolidate).

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ECF No. 10-5.

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ECF No. 16 (minutes) in 2:16-cv-997-GMN-PAL.

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Accordingly, IT IS HEREBY ORDERED that the motion to consolidate [ECF No. 10] is
DENIED.
Dated this 24th day of April, 2017.
_________________________________
______________
_ ____ __ _
Jennifer A. Dorsey
Dorsey
or
or e
United States District Judge
Di t i t J d

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