(PC) Newsome v. Mohmand ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHELDON RAY NEWSOME, No. 2:23-cv-0151 CKD P 12 Plaintiff, 13 v. ORDER 14 F. MOHMAND, 15 Defendants. 16 17 Plaintiff has filed a motion asking that this matter be consolidated with Garcia v. 18 Mohmand, 2:22-cv-2159 TLN DMC. Federal Rule of Civil Procedure 42(a) permits a court to 19 consolidate actions involving common questions of law or fact. In determining whether to 20 consolidate actions, the court weighs the interest of judicial convenience against the potential for 21 delay, confusion, and prejudice caused by consolidation. Southwest Marine, Inc., v. Triple A. 22 Mach. Shop, Inc., 720 F. Supp. 805, 807 (N.D. Cal. 1989). 23 It does appear that there are at least some common issues of fact with respect to this case 24 and the case identified by plaintiff. However, the common issues are not so substantial as to 25 warrant consolidation. The court notes that there is only one defendant remaining in this action 26 and fourteen remain in the Garcia case. Also, the allegations in each operative pleading are 27 numerous and will be difficult enough to consider in isolation as opposed to having to consider 28 both pleadings together. ] Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for consolidation (ECF 2 || No. 47) is denied. 3 | Dated: June 10, 2024 Card ft L (g— 4 CAROLYNK.DELANEY 4 5 UNITED STATES MAGISTRATE JUDGE 6 7 8] 1 9 news0151.mtc 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28