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Sebastian v. Kimberly-Clark Corp.

United States District Court, S.D. California

February 22, 2018

BRITTANY SEBASTIAN and ASHLEY LYNNE POPOWITZ, individually, on behalf of themselves and others similarly situated, Plaintiffs,
v.
KIMBERLY-CLARK CORPORATION; KIMBERLY-CLARK WORLDWIDE, INC.; and KIMBERLY-CLARK GLOBAL SALES, LLC, Defendants. NASREEN HARIS, individually, on behalf of themselves and others similarly situated, Plaintiff,
v.
KIMBERLY-CLARK CORPORATION; KIMBERLY-CLARK WORLDWIDE, INC.; and KIMBERLY-CLARK GLOBAL SALES, LLC, Defendants.

          ORDER GRANTING JOINT MOTION TO CONSOLIDATE RELATED CASE

          HON. WILLIAM Q. HAYES, UNITED STATES DISTRICT COURT

         Honorable William Q. Hayes NASREEN HARIS, individually, on behalf of themselves and others similarly situated, Plaintiff, vs.

         KIMBERLY-CLARK CORPORATION; KIMBERLY-CLARK WORLDWIDE, INC.; and KIMBERLY-CLARK GLOBAL SALES, LLC, Defendants.

         BEFORE THE COURT is the parties' Joint Motion to Consolidate Related Case (3:17-CV-00442-WQH-JMA, ECF No. 25). This matter was submitted without oral argument. The Court has reviewed the record and files herein, and is fully informed.

         BACKGROUND

         On March 29, 2017, Plaintiffs Brittany Sebastian and Ashley Lynne Popowitz filed their First Amended Complaint in case number 3:17-CV-00442-WQH-JMA. ECF No. 8.

         On December 8, 2017, a related action, Haris v. Kimberly-Clark Worldwide, Inc., et al., Case No. 4:17-CV-07016-KAW, was filed in the Northern District of California. See 4:17-CV-07016-KAW, ECF No. 1.

         On January 4, 2018, Haris v. Kimberly-Clark Worldwide, Inc., et al., Case No. 4:17-CV-07016-KAW was transferred to this Court after it was deemed related to Sebastian v. Kimberly-Clark Corporation, et al., Case No. 3:17-CV-00442-WQH-JMA. See 4:17-CV-07016-KAW, ECF No. 6.

         On January 8, 2018, Haris v. Kimberly-Clark Worldwide, Inc., et al. was assigned Case No. 3:18-CV-0046 and transferred to Judge William Q. Hayes pursuant to the Low-Number Rule. See 3:18-CV-0046-WQH-JMA, ECF Nos. 7-9.

         On February 20, 2018, the parties jointly moved the Court to consolidate the cases. See 3:17-CV-00442-WQH-JMA, ECF No. 25.

         DISCUSSION

         Federal Rule of Civil Procedure 42(a) governs consolidation, and states, “[i]f actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or delay.” Fed.R.Civ.P. 42(a). “The district court has broad discretion under this rule to consolidate cases pending in the same district.” Investors Research Co. v. U.S. Dist. Court for Cent. Dist. of California, 877 F.2d 777, 777 (9th Cir. 1989). In determining whether to consolidate cases, the court should “weigh the interest of judicial convenience against the potential for delay, confusion and prejudice.” Zhu v. UCBH Holdings, Inc., 682 F.Supp.2d 1049, 1052 (N.D. Cal. 2010); see also Huene v. United States, 743 F.2d 703, 704 on reh'g, 753 F.2d 1081 (9th Cir. 1984).

         The Court determines that consolidation of the Sebastian and Haris cases is appropriate. The cases involve the same questions of law and fact and consolidation will reduce delay and confusion without prejudicing the parties. Consolidation of the cases will allow the Court to hear all dispositive motions in conjunction, expediting their resolution. Finally, consolidation will not prejudice the parties as both matters are in similar procedural postures, involve the same factual allegations, present no conflicts of interest, and because resolution of the cases together will ensure consistency in the findings and conclusions of the Court.

         ACCORDINGLY, IT ...


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