Opinion
Case No.: 1:12-cv-01199 - AWI - JLT Case No.: 1:12-cv-02025 - AWI - JLT
12-18-2013
KAREEM MUHAMMAD, Plaintiff, v. CHAD GARRETT, Defendant. KAREEM MUHAMMAD, Plaintiff, v. CHAD GARRETT, et al., Defendants.
ORDER CONSOLIDATING THE ACTIONS
On October 2, 2013, the Court ordered the parties to show cause why the above-entitled actions should not be consolidated. Defendant responded that he "has no opposition to the consolidation of this mater for all purposes." Plaintiff did not file a response to the Court's order.
Pursuant to Federal Rule of Civil Procedure 42(a), the Court may consolidate actions involving a common question of law or fact, and consolidation is proper when it serves the purposes of judicial economy and convenience. The Ninth Circuit explained that the Court "has broad discretion under this rule to consolidate cases pending in the same district." Investors Research Co. v. United States District Court for the Central District of California, 877 F.2d 777 (9th Cir. 1989). In determining whether to consolidate actions, the Court weighs the interest of judicial convenience against the potential for delay, confusion, and prejudice caused by consolidation. Southwest Marine, Inc., v. Triple A. Mach. Shop, Inc., 720 F. Supp. 805, 807 (N.D. Cal. 1989).
Here, Plaintiff's allegations in the above-captioned actions are similar, if not identical. The Court anticipates little risk of delay, confusion, or prejudice. Plaintiff is more likely to be afforded timely relief through consolidation. In addition, consolidation of the actions would maximize the Court's scarce resources. Consequently, consolidation is appropriate . See Pierce v. County of Orange, 526 F.3d 1190, 1203 (9th Cir. 2008).
Based upon the foregoing, IT IS HEREBY ORDERED:
1. This action SHALL be consolidated with Case No. 12-cv-2025-AWI-JLT for all purposes, including trial; andIT IS SO ORDERED.
2. This action SHALL be the lead case, and the parties are instructed to file all documents in this action, Case No. 12-cv-01199-AWI-JLT.
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE