Spencer et al v. King County

Filing 8

ORDER Consolidating Cases. 2:25-cv-00204-TMC Spencer et al v. King County and 3:25-cv-05137-TMC Waverly Hills Club Incorporated v. King County are CONSOLIDATED for discovery and pretrial motions. The Court will consider whether to consolidate for trial at a later point. All future filings in this consolidated action must be filed under case number 2:25-cv-00204-TMC, with the following caption: Spencer et al v. King County, 2:25-cv-00204-TMC. Signed by District Judge Tiffany M. Cartwright. (MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SPENCER et al.,
Plaintiffs,

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KING COUNTY,
Defendant.
WAVERLY HILLS CLUB INC.,

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ORDER CONSOLIDATING CASES

v.

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CASE NO. 2:25-cv-00204-TMC

Plaintiff,
v.
KING COUNTY,
Defendant.

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This matter comes before the Court during review of 2:25-cv-00204-TMC Spencer et
al. v. King County and 3:25-cv-05137-TMC Waverly Hills Club Incorporated v. King County.
Having reviewed the complaints and the balance of the records in the above-captioned matters,
the Court CONSOLIDATES both actions for purposes of discovery and pretrial motions.
Under Federal Rule of Civil Procedure 42(a), a court may consolidate “actions before the

ORDER CONSOLIDATING CASES – 1

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court [that] involve a common question of law or fact.” Courts have broad discretion to

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consolidate cases pending in the same district. Garity v. APWU Nat’l Labor Org., 828 F.3d 848,

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855–56 (9th Cir. 2016). A court may consolidate actions sua sponte. See In re Adams Apple, Inc.,

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829 F.2d 1484, 1487 (9th Cir. 1987) (“[C]onsolidation is within the broad discretion of the

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district court . . . and trial courts may consolidate cases sua sponte.”).

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Here, Plaintiffs in each case—the Spencers and the Club—are represented by the same

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attorney and challenge similar actions. Both own property along a recreational trail located in a

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former rail corridor along the eastern side of Lake Sammamish. Dkt. 1-1 ¶ 11–12 (Waverly);

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Dkt. 1 ¶ 5 (Spencer). The Club challenges the rights of King County to exclude the Club from

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using or charging fees for the Club’s use of the corridor. Dkt. 1-1 ¶¶ 1–3, 22, 26–27 (Waverly).

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Similarly, the Spencers challenge King County’s right to exclude their use of the Corridor. Dkt. 1

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¶¶ 1–2, 5, 71–82 (Spencer). The Spencers argue that the County’s easement over the corridor

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does not allow the County to assert exclusive control of the entire right of way or preclude the

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Spencers’ use. Id. ¶¶ 71–82. Thought the Plaintiffs rely on different statutes to support their

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claims, they both challenge the bounds of the County’s authority and powers over the land. Dkt.

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1-1 ¶ 15, 17 (Waverly); Dkt. 1 ¶¶ 2, 31, 72 (Spencer).

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The cases thus share common questions of law and fact. See Fed. R. Civ. P. 42(a).

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Moreover, consolidating the cases would serve “judicial economy,” “expedite resolution of the

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case,” and avoid “inconsistent results.” 9 Charles Alan Wright & Arthur R. Miller, Federal

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Practice and Procedure § 2383 (3d ed., Apr. 2022 Update).

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Accordingly, the Court hereby ORDERS:

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2:25-cv-00204-TMC Spencer et al v. King County and 3:25-cv-05137-TMC
Waverly Hills Club Incorporated v. King County are CONSOLIDATED for

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ORDER CONSOLIDATING CASES – 2

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discovery and pretrial motions. The Court will consider whether to consolidate for

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trial at a later point.

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All future filings in this consolidated action must be filed under case number

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2:25-cv-00204-TMC, with the following caption: Spencer et al v. King County,

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2:25-cv-00204-TMC.

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The Clerk is DIRECTED to administratively close Waverly Hills Club
Incorporated v. King County, 3:25-cv-05137-TMC.

Dated this 12th day of March, 2025.

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Tiffany M. Cartwright
United States District Judge

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ORDER CONSOLIDATING CASES – 3