Stath v. Equifax Information Services, LLC et al

Filing 25

ORDER granting 17 Motion to Consolidate Cases. 2:17-cv-02163-RFB-CWH, shall be consolidated with this case as the member case. All future filings shall be filed bearing the consolidated case caption in the lead case, 2:17-cv-02162-JAD-GWF, only. Signed by Magistrate Judge George Foley, Jr on 10/23/2017. (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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VICTORIA M. STATH,

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Plaintiff,
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vs.
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EQUIFAZ INFORMATION SERVICES, LLC,
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EXPERIAN INFORMATION SOLUTIONS, INC., )
and TRANS UNION, LLC,
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Defendants.
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__________________________________________)

Case No. 2:17-cv-02162-JAD-GWF

ORDER

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This matter is before the Court on Defendant Trans Union LLC’s Motion to Consolidate

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(ECF No. 17), filed on October 5, 2017. To date, no party has filed an opposition to this motion and

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the time for opposition has now expired.1

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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

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

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

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

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00342-JCM-GWF, 2013 WL 6524657 at *3 (D. Nev. 2012). “Consolidation requires only a

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common question of law or fact; perfect identity between all claims in any two cases is not

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required.” Firefighters, Local 1908 v. County of Clark, 2012 WL 1986590 at *2 (D. Nev. 2012).

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The Court must weigh “the interest of judicial convenience against the potential for delay, confusion

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and prejudice caused by consolidation.” Firefighters, 2012 WL 1986590 at *2 (quoting Sw. Marine,

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Inc. v. Triple A Mach. Shop, Inc., 720 F.Supp. 805, 807 (N.D.Cal. 1989)).

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“The failure of an opposing party to file points and authorities in response to any motion, . . . , constitutes a
consent to the granting of the motion.” Local Rule 7-2(d).

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Local Rule 42-1 states as follows:

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An action may be considered to be related to another action when:

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(1) Both actions involve the same parties and are based on the same or similar
claim;
(2) Both actions involved the same property, transaction, or event;
(3) Both actions involve similar questions of fact and the same question of
law, and their assignment to the same district judge or magistrate judge is
likely to effect a substantial savings of judicial effort;
(4) Both actions involve the same patent, trademark, or copyright, and one of
the factors identified in (1), (2), or (3) above is present; or
(5) For any other reason, it would entail substantial duplication of labor if the
actions were heard by different district judges or magistrate judges.

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Defendant Trans Union, LLC requests that the Court consolidate this case with Michael J.

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Stath v. Wells Fargo, N.A., et al., Case No.: 2:17-cv-02163-RFB-CWH. Plaintiff Victoria Stath

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brings the instant case against Defendants for violations of the Fair Credit Reporting Act (“FCRA”).

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Plaintiff claims that in August 2011, she filed for Chapter 13 Bankruptcy. Complaint (ECF No. 1),

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¶ 19. Plaintiff then made all payments required to all creditors under the Confirmation Order, and

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thereafter remained current on her Wells Fargo Home Mortgage Debt. Id. at ¶¶ 20-29. Plaintiff’s

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allegations against Defendants deal with post-bankruptcy credit-reporting and Defendants’

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reinvestigation and response to those disputes. See id. at ¶¶ 49-142. Plaintiff Michael Stath’s

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Complaint alleges almost identical facts and FRCA violations. See Case No. 2:17-cv-02163-RFB-

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CWH, ECF No. 1.

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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 two cases here involve Plaintiffs who appear to be husband and

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wife and both involve the same Defendants. Moreover, both cases allege claims that arise out of the

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same set of facts and circumstances. Both actions stem from Defendants’ alleged violations of the

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FCRA and disputes relating to Plaintiffs’ post-bankruptcy credit reporting. Because there are

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sufficient common questions of law or fact present in these actions, the interests of judicial economy

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are supported by consolidation. Accordingly,

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IT IS HEREBY ORDERED that Defendant Trans Union LLC’s Motion to Consolidate
(ECF No. 17) is granted.
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IT IS FURTHER ORDERED that Michael J. Stath v. Wells Fargo, N.A., et al., Case No.:
2:17-cv-02163-RFB-CWH, shall be consolidated with this case as the member case.
IT IS FURTHER ORDERED that all future filings shall be filed bearing the consolidated
case caption in the lead case, 2:17-cv-02162-JAD-GWF, only.
DATED this 23rd day of October, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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