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United States of America v. 53.14 Acres of Land

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


August 23, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
53.14 ACRES OF LAND, MORE OR LESS SITUATED IN SAN DIEGO COUNTY, STATE OF CALIFORNIA; ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Anthony J. Battaglia U.S. District Judge

ORDER DENYING MOTION TO CONSOLIDATE [Doc. No. 87]

The Defendant, the State of California, filed a motion to consolidate, Doc. No. 87, seeking to consolidate the instant action with United State of America v. 127.60 Acres of Land, et al., (hereinafter "127.60 Acre Case"), 06cv1670 AJB (NLS). Under Federal Rule of Civil Procedure 42(a)(2), a court has broad discretion to consolidate cases pending in the same district. See Investors Research Co. v. U.S. Dist. Ct., 877 F.2d 777, 777 (9th Cir.1989). In considering a motion to consolidate actions, a court, among other things, "weighs the saving of time and effort consolidation would produce against any inconvenience, delay, or expense that it would cause."*fn1

The instant motion to consolidate was also filed in the 127.6 Acre Case and was denied by this Court on June 29, 2011 after careful consideration of the appropriate factors.*fn2 As such, and for the reasons previously set forth by the Court on the record during the June 29, 2011 hearing in the 127.50 Acres Case, Defendant's motion to consolidate is hereby DENIED.

IT IS SO ORDERED.


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