Opinion
1:18-cv-01046-LJO-JLT
01-28-2019
LEONEL GONZALEZ, et al., Plaintiffs, v. JAG TRUCKING INC., et al., Defendants.
ORDER DISCHARGING ORDER TO SHOW CAUSE RE CONSOLIDATION
(ECF No. 59)
On January 15, 2019, the Court issued an Order to Show Cause why this matter should not be consolidated with a related matter, Stefanie Rutherford v. JAG Trucking, Inc. et al., 1:19-cv-00033-LJO-JLT ("Rutherford"), and provided the parties ten (10) days to respond. ECF No. 59. The parties in this matter did not file any objections to consolidation of the two cases. See ECF Nos. 60, 64. However, in the Rutherford case, Plaintiff Rutherford submitted an objection to consolidation on the grounds that the Court does not have subject matter jurisdiction over the Rutherford matter. If the Court does not have subject matter jurisdiction over the Rutherford case, it cannot be consolidated with this case under Federal Rule of Civil Procedure 42. See U.S. Bank Nat'l Ass'n v. Mariano, No. CV1205485, 2012 WL 12882054, at *1 (C.D. Cal. Aug. 16, 2012) ("consolidation would not cure the jurisdictional defects"); Oregon Egg Producers v. Andrew, 458 F.2d 382, 383 (9th Cir. 1972); U.S. for Use of Owens-Corning Fiberglass Corp. v. Brandt Constr. Co., 826 F.2d 643, 647 (7th Cir. 1987). / /
Accordingly, the Order to Show Cause, ECF No. 59, is DISCHARGED as the Court must first determine if it has subject matter jurisdiction over the Rutherford case. IT IS SO ORDERED.
Dated: January 28 , 2019
/s/ Lawrence J. O'Neill
UNITED STATES CHIEF DISTRICT JUDGE