Irby v. Gilbert et al

Filing 128

ORDER that case nos C15-5208, C16-5052, 17-5070 and C17-5377 are consolidated. Case no. C15-5208RBL/JRC shall remain the lead case and all future filings shall bear case no. C15-5208RBL/JRC. **SEE ORDER FOR DETAILS**. Signed by Magistrate Judge J Richard Creatura. **4 PAGE(S), PRINT ALL**(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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TERRANCE JON IRBY,
Plaintiff,

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ORDER

v.

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CASE NO. 3:15-CV-05208-RBL-JRC

STATE OF WASHINGTON, et al.,
Defendants.

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On May 11, 2017, the undersigned directed the parties to show cause why this case

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should not be consolidated with Case No. 16-cv-5052-RBL-JRC and Case No. 17-cv-5070-RBL-

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JRC. Dkt. 94. On May 18, 2017, plaintiff filed a fourth case, Case No. 17-cv-5377-RBL-JRC.

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1. Consolidation

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Defendants do not oppose consolidation and believe that it would serve the interests of

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justice and court efficiency. Case No. 15-cv-5208 at Dkts. 97, 99, 105; Case No. 16-cv-5052 at

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Dkts. 125, 126; Case No. 17-cv-5070 at Dkts. 63, 66. Plaintiff also agrees with consolidation of

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his cases. Case No. 15-cv-5208 at Dkt. 111.

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ORDER - 1

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“If actions before the court involve a common question of law or fact, the court may: (1)

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join for hearing or trial any or all matters at issue in the actions; (2) consolidate the actions; or

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(3) issue any other orders to avoid unnecessary cost or delay.” Fed. R. Civ. P. 42(a). Under Rule

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42, the Court has “broad discretion” to consolidate cases pending in the same district either upon

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motion by a party or sua sponte. In re Adams Apple., Inc. 829 F.2d 1484, 1487 (9th Cir. 1987).

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Although plaintiff’s fourth case, Case No. 17-cv-5377-RBL-JRC, was filed after the

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Court’s May 11, 2017 Order, the Court finds that all four cases require application of similar

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laws, and involve similar facts and parties. Thus, the Court finds that consolidation of all four

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cases will result in judicial economy and convenience, and reduce confusion.

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Accordingly, the Court ORDERS:

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(1)

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17-cv-5377-RBL-JRC are consolidated with this action.
(2)

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Case No. 16-cv-5052-RBL-JRC, Case No. 17-cv-5070-RBL-JRC, and Case No.

This action, Case No. 15-5208-RBL-JRC, shall remain the lead case. All future
filings shall bear Case No. 15-5208-RBL-JRC.

(3)

Plaintiff shall file one amended complaint setting forth all claims in this

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consolidated matter on or before July 14, 2017. The amended complaint shall be

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the operative complaint in this consolidated action. The amended complaint is

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limited to 25 pages in length, including exhibits.

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(4)

The stay is continued until July 14, 2017. The undersigned again advises the

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parties that it will not consider any future filings, aside from plaintiff’s

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consolidated amended complaint. The Court may strike any pleadings that fail to

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comply with this Order. See Dkt. 94.

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ORDER - 2

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2. Consolidated Motion for Preliminary Injunction (Dkt. 100)

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In its May 11, 2017 Order, the undersigned also directed plaintiff to file one motion for

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preliminary injunction, limited to ten pages, addressing all of his claims. Dkt. 94. On May 19,

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2017, plaintiff filed his consolidated motion for preliminary injunction, which was ten pages in

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length. Dkt. 100. Plaintiff then filed two addendums of an additional 12 pages to his motion for

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preliminary injunction. Dkts. 101, 102. As plaintiff was previously advised of the ten page limit

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for his consolidated motion for preliminary injunction, the Court will not consider plaintiff’s

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additional addendums at this time.

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If plaintiff files a consolidated amended complaint, setting forth all of his claims in this

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consolidated matter, on or before July 14, 2017, the Court will procced with the consolidated

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amended complaint. The consolidated amended complaint will act as a complete replacement for

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the original complaint, and plaintiff’s requests for injunctive relief may be mooted. See e.g.

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Sierra On-line, Inc. v. Phoenix Software, Inc., 739 F.2d 1415, 1422 (9th Cir. 1984) (the purpose

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of preliminary injunctive relief is to preserve the status quo or prevent irreparable injury pending

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the resolution of the underlying claim); Maloney v. Ryan, 2013 WL 3282324, *2 (D. Ariz. June

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28, 2013) (“because plaintiff’s original complaint no longer serves any function in this case, it

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cannot form the basis for his pending TRO motion seeking relief solely related” to the original

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complaint) (internal quotations omitted). Therefore, the Clerk is directed to re-note the

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consolidated motion for injunctive relief (Dkt. 100) for July 14, 2017.

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3. Motions Filed After May 11, 2017

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In its May 11, 2017 Order, the undersigned advised the parties that it would not consider

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any future filings, aside from the response to the Court’s order to show cause, and plaintiff’s one

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ORDER - 3

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motion for injunctive relief. Dkt. 94. The parties were advised that the Court would strike any

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pleading that failed to comply with the Court’s Order. Id.

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On May 24, 2017, plaintiff filed a motion for clarification (Dkt. 108) and motion to

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modify court order (Dkt. 11). The Court strikes both motions, for failure to comply with the

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Court’s May 11, 2017 Order.

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4. All Remaining Motions

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In the interests of efficiency and judicial economy, the Court denies without prejudice all

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remaining pending motions in Case No. 15-cv-5208-RBL-JRC, Case No. 16-cv-5052-RBL-JRC,

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Case No. 17-cv-5070-RBL-JRC, and Case No. 17-cv-5377-RBL-JRC. However, the parties may

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refile their motions after plaintiff has filed his consolidated amended complaint, containing all of

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his claims.

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Dated this 20th day of June, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER - 4