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Nash-Perry v. City of Bakersfield

United States District Court, E.D. California

November 12, 2019

TAMETRIA NASH-PERRY, an individual Plaintiff,
v.
CITY OF BAKERSFIELD, OFFICER ALEJANDRO PATINO, and DOES 1-10, Inclusive, Defendants.

          IVIE, MCNEILL & WYATT BY RODNEY S. DIGGS ATTORNEY FOR PLAINTIFF NASH-PERRY

          CHAIN COHN STILES BY MATT CLARK ATTORNEY FOR PLAINTIFFS OKAMATO AND Z.S.

          AMENDED ORDER TO CONSOLIDATE CASES AND MODIFY THE NASH-PERRY SCHEDULING ORDER

          JENNIFER L. THURSTON UNITED STATES MAGISTRATE JUDGE

         TO THE ABOVE-ENTITLED COURT AND TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

         The parties, TAMETRIA NASH-PERRY, Plaintiff in the matter of Nash-Perry v. City of Bakersfield, et al. Case No. 1:18-CV-01512-LJO-JLT, Jason Okamoto and Z.S., Plaintiffs in the matter of Okamoto, et al. v. City of Bakersfield, et al., Case No. 1:19-CV-01125-DAD-JLT, and CITY OF BAKERSFIELD and OFFICER ALEJANDRO PATINO, Defendants in both matters, by and through their respective counsel of record, have conferred and hereby stipulate to consolidate cases Nash-Perry v. City of Bakersfield, et al. and Okamoto, et al. v. City of Bakersfield, et al. pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. Parties also hereby stipulate to continue trial from January 12, 2021 to July 13, 2021.

         JOINT STIPULATION

         WHEREAS, presently pending in this Court are two related actions identified below:

         1. Nash-Perry v. City of Bakersfield, et al., United States District Court, Eastern District of California, Case No. 1:18-CV-01512-LJO-JLT “Nash-Perry;” and

         2. Okamoto, et al. v. City of Bakersfield, et al., United States District Court, Eastern District of California, Case No. 1:19-CV-01125-JLO-JLT (“Okamoto”);

         WHEREAS, both cases arise out of the same incident which occurred on April 19, 2018;

         WHEREAS, Decedent's mother Tametria Nash-Perry filed her initial complaint on October 31, 2018, asserting constitutional claims on her own behalf as well as constitutional, state law and survivorship claims on behalf of Christopher Okamoto (“Decedent”) as his mother. Plaintiff Nash-Perry also alleges she has the right to recover as successor in interest to Decedent and has named Decedent's father Jason Okamoto as a nominal defendant in her operative complaint;

         WHEREAS, on August 14, 2019, Decedent's father Jason Okamoto (“Mr. Okamoto”) and alleged child Z.S. filed their Complaint for Damages against Defendants alleging constitutional claims on their own behalf and also assert state law and survivorship claims on behalf Decedent, both in the individual capacity and as successors in interest to Decedent;

         WHEREAS, Rule 42(a) of the Federal Rules of Civil Procedure permits a court to consolidate actions pending before it if those actions involve a “common question of law or fact” and a Court may consider several factors that would affect the litigation including the burden on parties, witnesses, judicial resources, the risk of inconsistent adjudications, the potential for prejudice, and the risk of delaying trial. Johnson v. Celotex Corp., 899 F.2d 1281, 1285 (2nd Cir. 1990); Cantrell v. GAF Corp., 999 F.2d 1007, 1011 (6th Cir. 1993); Malcolm v. National Gypsum Co., 995 F.2d 346, 350 (2nd Cir. 1993); Mills v. Beech Aircraft Corp., 886 F.2d 758, 762 (5th Cir. 1989);

         WHEREAS, the Parties now seek to consolidate the above related actions pursuant to F.R.C.P. 42 because each action asserts substantially the same claims and raise substantially the same ...


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