Gilbert v. Doctor's Choice Modesto LLC ( 2022 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DARREN GILBERT, Case No. 1:21-cv-1304 AWI SAB 10 Plaintiff ORDER ON THE PARTIES’ STIPULATION TO CONSOLIDATE 11 v. AND FILE AMENDED COMPLAINT 12 SHAIBI ABDULGAWI, et. al., (Doc. No. 41) 13 Defendants 14 15 On June 21, 2022, the Court related and reassigned this case with Gilbert v. Doctor’s 16 Choice Modesto LLC, 1:21-CV-0690 AWI SAB. Prior to relating the cases, the parties who have 17 appeared in both related cases filed a stipulation to consolidate and amend the active complaint.1 18 See Doc. No. 41. After consideration, the Court will give effect to the parties’ stipulation. Per the 19 stipulation, this case will be consolidated with Doctor’s Choice Modesto and Plaintiff will file his 20 amended complaint.2 With the consolidation of this case with Doctor’s Choice Modesto, the 21 Court will direct the Clerk to close this case and direct the parties to make all further filings in the 22 newly consolidated Doctor’s Choice Modesto docket. 23 24 1 There is a pro se defendant in this, Shaibi Adbulqawi, who has not joined the stipulation. However, the Clerk made an entry of default against Shaibi Abdulqawi. With the entry of default, the factual allegations of the complaint, 25 except those relating to damages, will be taken as true. TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Ci. 1987). Until the default is set aside, see Fed. R. Civ. P. 55(c); Franchise Holding II, LLC v. Huntington Rests. 26 Grp., Inc., 375 F.3d 922, 925 (9th Cir. 2004), the Court does not find the absence of Shaibi Abdulqawi on the stipulation to be significant or detrimental. 27 2 The Court notes that “the law is clear that an act of consolidation does not affect any of the substantive rights of the 28 parties.” J.G. Link & Co. v. Continental Cas. Co., 470 F.2d 1133, 1138 (9th Cir. 1972); see also Schnabel v. Lui, 302 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Pursuant to the parties’ stipulation, this case is CONSOLIDATED AND MERGED 3 with Gilbert v. Doctor’s Choice Modesto LLC, 1:21-CV-0690 AWI SAB for all 4 purposes; 5 2. All future filings and correspondences shall use case number 1:21-CV-0690 AWI 6 SAB; 7 3, The Clerk shall transfer Doc. Nos. 1, 2, 7, 19, 21, 26, 31, 33, 38, 39, 41, and 42 from 8 the docket of this case to the docket of Gilbert v. Doctor’s Choice Modesto LLC, 1:21- 9 CV-0690 AWI SAB; 10 4. The Clerk shall administratively CLOSE this case; 11 5. The Clerk shall file a copy of this order in Case No. 1:21-CV-0690 AWI SAB; and 12 6. Within five (5) days of service of this order, Plaintiff shall file his amended complaint 13 (Doc. No. 42) in Case No. 1:21-CV-0690 AWI SAB. 14 1s IT IS SO ORDERED. □□ 16 Dated: _ June 23, 2022 7 Sz 7 Cb Lec "SENIOR DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28); The Court notes that administratively closing this case has no impact whatsoever on the merits.