Allan Fletcher v. Stephanie Clendenin, et al.

Fletcher · United States District Court for the Eastern District of California · March 16, 2023 · No. 1:22-cv-01150-EPG (PC)

Summary

The United States District Court for the Eastern District of California denied Allan Fletcher’s motion to consolidate his civil-rights action with a related action filed by Patrick Neill. The court found substantial similarities between the cases but denied consolidation without prejudice because the pro se detainee plaintiffs could create procedural complications and the defendants had not yet appeared.

Holdings

  1. The court denied the motion to consolidate without prejudice, leaving open the possibility that a party could renew the motion at a later stage.

Questions Presented

  1. Whether the two actions should be consolidated under Federal Rule of Civil Procedure 42(a) because they involved common questions of law or fact.
  2. Whether consolidation should be denied at the current procedural stage because consolidating actions involving multiple detained pro se plaintiffs could cause delay and confusion and the defendants had not yet appeared.

Disposition

other

Cases Cited (3)

  • Neill v. Department of State Hospitals, E.D. Cal., Case No. 1:22-cv-01010(followed)
  • Pierce v. County of Orange, 526 F.3d 1190, 1203 (9th Cir. 2008)(followed)
  • Sw. Marine, Inc. v. Triple A Mach. Shop, Inc., 720 F. Supp. 805, 807 (N.D. Cal. 1989)(followed)

Cited In (0)

No citing cases on record yet.

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