Wu v. Jewell
Filing
67
MEMORANDUM OPINION AND ORDER by Sr. District Judge Robert C. Brack; Court will consolidate Wu vs. Jewell No. 17-cv-113 MV/LF and Wu vs. Seidlitz 18-cv-813 SCY with this case Wu vs. Jewell 14-cv-150 RB/WPL; All future filings for any of the consolidated cases shall be filed in Wu vs. Jewell No. 14-cv-150 RB/WPL (jn)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LIMING WU,
No. 14cv150 RB/WPL
Plaintiff,
Consolidated with:
v.
SALLY JEWELL, Secretary of Department
of Interior, Bureau of Land Management,
No. 17cv113 MV/LF and
No. 18cv813 SCY
Defendant.
MEMORANDUM OPINION AND ORDER CONSOLIDATING CASES
THIS MATTER comes before the Court sua sponte.
Plaintiff filed this case on February 18, 2014, asserting claims of discrimination based on
race/national origin and age, unlawful employment practices pursuant to the New Mexico
Human Rights Act, negligence, and retaliation arising from her employment with the Bureau of
Land Management from 2010 to 2013. (See Doc. 4 (Am. Compl.).) In August 2015, the Court
entered its Stipulated Order dismissing with prejudice all claims brought, or which could have
been brought, against Defendant, and entered an Order granting Defendant’s unopposed motion
to enforce the settlement agreement between the Parties.
(See Docs. 55; 57.)
Plaintiff
subsequently filed a motion to set aside the Stipulated Order of Dismissal and a motion to set
aside the settlement agreement and the Order granting Defendant’s motion to enforce the
settlement agreement. (See Docs. 58; 65.) Both motions are pending.
On January 23, 2017, Plaintiff initiated a second case against Sally Jewell and others
asserting claims of discrimination, retaliation, and negligence, among others, arising from her
employment with the Bureau of Land Management from 2010 to 2015. See Wu v. Jewell, No.
17cv113 MV/LF, 3d Am. Compl. (D.N.M. Oct. 27, 2017). In this second case, Plaintiff has filed
two motions, still pending, to set aside the Stipulated Order dismissing her first case and to set
aside the settlement agreement and the Order granting Defendant’s motion to enforce the
settlement agreement in her first case.
On August 27, 2018, Plaintiff initiated a third case pursuant to the Federal Tort Claims
Act asserting a claim for negligence arising from her employment with the Bureau of Land
Management from 2010 to 2015. See Wu v. Seidlitz, 18cv813 SCY, Compl. (D.N.M. Aug. 27,
2018).
Federal Rule of Civil Procedure 42(a) allows the Court to consolidate actions that involve
a common question of law or fact. Factors the Court considers when determining whether to
consolidate cases include: (i) interests of justice; (ii) expeditious results; (iii) conservation of
resources; and (iv) avoiding inconsistent results. See 8 Moore’s Federal Practice § 42.10(4) (3d
ed. 2018).
The Court will consolidate Wu v. Jewell, No. 17cv113 MV/LF (D.N.M.) and Wu v.
Seidlitz, 18cv813 SCY (D.N.M.) with this case, Wu v. Jewell, No. 14cv150 RB/WPL (D.N.M.),
because the facts in each case are substantially the same, and because the cases involve similar
questions of law such as discrimination and negligence. Consolidating the cases will expedite
the resolution of the cases, will conserve the resources of the Parties and the Court, and may
avoid inconsistent results, without risk of prejudice or confusion.
All future filings for any of the consolidated cases shall be filed in Wu v. Jewell, No.
14cv150 RB/WPL.
IT IS SO ORDERED.
________________________________
ROBERT C. BRACK
SENIOR U.S. DISTRICT JUDGE
2
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