1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 AMERIPRIDE SERVICES, LLC, et al., Case No. 1:21-cv-00969-NONE-EPG 11 Plaintiffs, 12 v. ORDER PERMITTING WITHDRAWAL OF

MOTION TO STAY; CONSOLIDATING

13 TEAMSTERS LOCAL 87, et al., CASES; AND SCHEDULING CASE 14 Defendants. (ECF Nos. 15, 21, 24) 15 16 17 This matter is before the Court on the parties’ “stipulation and order (1) for withdrawal of 18 motion to stay, (2) to consolidate related cases, (3) to waive discovery, (4) to approve briefing 19 schedule, and (5) to approve hearing date.” (ECF No. 24). As discussed below, the Court will 20 grant the request to withdrawal the motion to stay, will consolidate this case and Case No. 1:21- 21 cv-01102-NONE-EPG, and will enter a case schedule. 22 1. Withdrawal of the Motion to Stay 23 On August 24, 2021, the Defendants filed a motion to stay this action until the parties 24 could arbitrate certain issues. (ECF No. 15). However, after conferring, the parties have since 25 “resolved the issues in dispute regarding the Motion and related matters” and Defendants ask that 26 their motion to stay be withdrawn. (ECF No. 24, p. 3). As the parties have resolved the issues 27 regarding the motion to stay, the Court will direct the Clerk to reflect on the docket that the 28 motion to stay has been withdrawn. 1 2. Consolidation 2 On September 17, 2021, Plaintiffs moved to consolidate this action and Case No. 1:21-cv- 3 01102-NONE-EPG, which cases have recently been deemed related under Local Rule 123. (ECF 4 No. 9 – Case No. 1:21-cv-01102-NONE-EPG). However, after conferring, the parties have agreed 5 to the consolidation of these two actions. (ECF No. 24, p. 4). 6 Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, “[i]f actions before the 7 court involve a common question of law or fact, the court may: (1) join for hearing or trial any or 8 all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to 9 avoid unnecessary cost or delay.” In exercising its discretion, the court “weighs the saving of time 10 and effort consolidation would produce against any inconvenience, delay, or expense that it 11 would cause.” Huene v. United States, 743 F.2d 703, 704 (9th Cir. 1984). Here, the Court 12 determines that the above-captioned actions involve the same or similar parties, claims, and 13 questions of fact or law, and that consolidation will avoid unnecessary costs and duplication of 14 proceedings. Thus, good cause exists to grant the parties’ stipulation and consolidate these cases. 15 And given the parties’ stipulation, the Court will direct the Clerk to designate the motion to 16 consolidate as no longer pending on the docket. 17 3. Waiver of Discovery 18 After conferring, the parties “have mutually agreed to waive discovery because the parties 19 believe it is likely that the issues in dispute in the Consolidated Case can appropriately be 20 resolved by this Court without discovery, based on cross-motions for judgment on the pleadings 21 and/or (if any party’s motion is accompanied by a declaration or affidavit) for summary 22 judgment.” (ECF No. 24, p. 4). The parties ask the Court to “adopt a scheduling order indicating 23 that the parties have mutually waived the right to engage in discovery, and the parties instead seek 24 to have relevant issues decided based on cross-motions.” (Id.). Given the parties’ stipulation, the 25 Court will set a case schedule reflecting that the parties have agreed to waive discovery. 26 4. Agreed Briefing Schedule 27 In proceeding without discovery, the parties have conferred and agreed to the following 28 briefing schedule: 1 (a) the [parties] each will file a cross-motion for judgment on the pleadings and/or (if any party’s motion is accompanied by a declaration or affidavit) for summary 2 judgment on or before Monday, December 6, 2021; (b) each side will file 3 oppositions to the other side’s motion on or before Monday, January 10, 2022; and (c) each side will file a reply brief in support of its motion on or before Monday, 4 January 24, 2022. 5 (Id. at 5). The parties request that the Court adopt a scheduling order reflecting these deadlines, 6 which request is granted. 7 5. Hearing Date 8 For their cross-motions, the parties request that a hearing be held on February 11, 2022. 9 (Id.). However, under the current standing order, “civil motions will be deemed submitted on the 10 record and the briefs pursuant to Local Rule 230(g).” (ECF No. 6-1, p. 1). If the presiding District 11 Judge determines that a hearing is necessary, one will be set on the calendar. (Id. at 2). Thus, the 12 Court declines to set any hearing date. 13 Accordingly, for the reasons given, IT IS ORDERED as follows: 14 1. The Clerk to directed to reflect on the docket that the motion to stay (ECF No. 15) has 15 been withdrawn. 16 2. This action and Case No. 1:21-cv-01102-NONE-EPG shall be consolidated for all 17 purposes, including trial, pursuant to Rule 42(a). 18 a. The Clerk is to designate the motion to consolidate (ECF No. 21) as no longer 19 pending on the docket; 20 b. The October 14, 2021 hearing on the motion to consolidate is vacated; 21 c. The Clerk is directed to file this order in each of the above-referenced case; 22 d. Going forward, the parties and the Clerk are directed to file documents under 23 only the lead case number. Future captions should indicate the lead case 24 number followed by the member case number as follows: 25 Lead Case No.: 1:21-cv-00969-NONE-EPG 26 Member Case No.: 1:21-cv-01102-NONE-EPG 27 3. The Court enters the following case schedule, noting that the parties have mutually 28 waived the right to engage in discovery: 1 a. The parties shall each file a cross-motion for judgment on the pleadings and/or 2 (if any party’s motion is accompanied by a declaration or affidavit) for 3 summary judgment on or before Monday, December 6, 2021; 4 i. Prior to filing a motion for summary judgment or motion for summary 5 adjudication, the parties are ordered to meet and confer, in person or by 6 telephone, to discuss the issues to be raised in the motion. 7 ii. In addition to complying with the requirements of Local Rule 260, the 8 parties must prepare a Joint Statement of Undisputed Facts, which 9 identifies all relevant facts subject to agreement by all parties. The 10 moving party is responsible for filing the joint statement. In the notice 11 of motion, the moving party shall certify that the parties have met and 12 conferred as ordered above or set forth a statement of good cause for 13 the failure to do so. 14 b. Each side will file an opposition to the other side’s motion on or before 15 Monday, January 10, 2022; 16 c. Each side will file a reply brief in support of its motion on or before Monday, 17 January 24, 2022. 18 i. This order represents the Court and the parties’ best estimated schedule 19 to complete this case. 20 ii. Any party unable to comply with the dates outlined in this order shall 21 immediately file an appropriate motion or stipulation identifying the 22 requested modification(s). The dates set in this order are considered to 23 be firm and will not be modified absent a showing of good cause, even 24 if a stipulation to modify is filed. Stipulations extending the deadlines 25 contained herein will not be considered unless they are accompanied by 26 affidavits or declarations with attached exhibits, where appropriate, that 27 establish good cause for granting the requested relief. Due to the 28 impacted nature of the civil case docket, this Court disfavors requests ] to modify established dates. 2 i. Failure to comply with this order shall result in the imposition of 3 sanctions. 4 d. The Court declines to set any hearing date on the cross-motions. However, if 5 the presiding District Judge determines that a hearing is necessary, one will be 6 set on the calendar. 7 e. The initial scheduling conference (ECF No. 17) set for November 29, 2021, is 8 vacated. 9 10 IT IS SO ORDERED. 11 | Dated: _ October 4, 2021 [fe heey □ 2 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28