Aiello v. Rent Recovery Solutions, LLC ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCESCA M. AIELLO, Case No. 1:23-cv-01542-NODJ-EPG 12 Plaintiff, ORDER GRANTING STIPULATION TO CONSOLIDATE CASES 13 v. 14 RENT RECOVERY SOLUTIONS, LLC; MANCO ABBOT, INC doing business as (ECF No. 18) 15 THE EMERSON, 16 Defendants. 17 MEGAN A. JOHNSTON, Case No. 1:23-cv-01544-NODJ-EPG 18 Plaintiff, 19 v. 20 RENT RECOVERY SOLUTIONS, LLC; 21 MANCO ABBOT, INC doing business as THE EMERSON, 22 Defendant. 23 24 On February 15, 2024, the parties in Francesca M. Aiello v. Rent Recovery Solutions, 25 LLC, et al, Case No. 1:23-cv-01542-NODJ-EPG (“Aiello”) filed a stipulation requesting to 26 consolidate Aiello and Megan A. Johnston v. Rent Recovery Solutions, LLC, et al., Case No. 1:23- 27 cv-01544-NODJ-EPG (“Johnston”). (ECF No. 18). 28 1 Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, “[i]f actions before the 2 || court involve a common question of law or fact, the court may: (1) join for hearing or trial any or 3 | all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to 4 | avoid unnecessary cost or delay.” In exercising its discretion, the court “weighs the saving of 5 | time and effort consolidation would produce against any inconvenience, delay, or expense that it 6 | would cause.” Huene v. United States, 743 F.2d 703, 704 (9th Cir. 1984). 7 Here, the Court finds that the above-captioned actions involve the same parties, claims, 8 | and questions of fact or law, and that consolidation will avoid unnecessary costs and duplication 9 | of proceedings. Thus, good cause exists to grant the parties’ stipulation and consolidate these 10 || cases. 11 Accordingly, IT IS HEREBY ORDERED that the parties’ stipulation (ECF No. 18) is 12 | granted as follows: 13 1. The above-referenced cases shall be consolidated for all purposes, including trial, 14 pursuant to Rule 42(a); 15 2. The Clerk of the Court is directed to file this order in each of the above-referenced 16 cases; 17 3. Going forward, the parties and the Clerk of the Court are directed to file 18 documents under only the lead case number. Future captions should indicate the 19 lead case number followed by the member case number as follows: 20 Lead Case: 1:23-cv-01542-NODJ-EPG 21 Member Case: 1:23-cv-01544-NODJ-EPG 22 73 IT IS SO ORDERED. 24 | Dated: _ February 20, 2024 [Je hey — 25 UNITED STATES MAGISTRATE JUDGE 26 27 28