Voelker v. Enroll Confidently Incorporated

• Court: District Court, D. Arizona
• Decided: October 3, 2024
• Docket: 2:24-cv-01886
• Status: Unknown

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Adam Voelker, No. CV-24-01886-PHX-DJH

10 Plaintiff, ORDER

11 v.

12 Enroll Confidently Incorporated,

13 Defendant. 14 15 This matter is before the Court on the Plaintiff’s Unopposed Motion to 16 Consolidate with Guyette v. Enroll Confidently Inc., Case No.: 2:24-cv-02231-KML and 17 Bailey v. Enroll Confidently Inc., Case No.: 2:24-cv-02350-ASB. (Doc. 12). 18 Federal Rule of Civil Procedure 42(a) provides that federal courts may consolidate 19 actions to avoid unnecessary costs and delay “[i]f actions before the court involve a 20 common question of law or fact.” To determine whether consolidation is appropriate, 21 courts “weigh[] the interest of judicial convenience against the potential for delay, 22 conduction and prejudice caused by consolidation. Southwest Marine, Inc. v. Triple A 23 Mach. Shop, Inc., 720 F.Supp. 805, 807 (N.D. Cal. 1989). District courts have broad 24 discretion under this rule in deciding whether cases should be consolidated. Investors 25 Research Co. v. U.S. District Court for the Central District of California, 877 F.2d 777 26 (9th Cir. 1989). In the District of Arizona, a motion to consolidate is “heard and decided, 27 after consulting with the Judges assigned to the other affected cases, in the case with the 28 lowest case number that is assigned to a District Judge.” LRCiv 42.1(b). 1 Here, the Court finds that consolidation is warranted because all three actions □□ involve common questions of law and fact. Consolidation will save the Parties and the 3 || Court time and money and avoid the risk of inconsistent rulings. Thus, based on the 4|| similarity of these three matters, and the unopposed nature of the motion, the Court will 5 || grant the Motion to Consolidate. 6 Accordingly, 7 IT IS ORDERED that the Unopposed Motion to Consolidate with Guyette v. 8 || Enroll Confidently Inc., Case No.: 2:24-cv-02231-KML and Bailey v. Enroll Confidently JInc., Case No.: 2:24-cv-02350-ASB is GRANTED. 10 IT IS FURTHER ORDERED that the Clerk of Court shall kindly consolidate || these three matters under case number 2:24-cv-01886-DJH, though the caption shall be || modified to include all three Plaintiffs. Defendant is the same in all cases. 13 IT IS FURTHER ORDERED that all future filings pertaining to these cases shall 14]|_ be filed in 2:24-cv-01886-DJH only. 15 IT IS FURTHER ORDERED that the Plaintiffs’ Consolidated Class Action Complaint will be due within 30 days of the filing of this Order. All other filing deadlines must conform with Local Rule 7.2. See LRCiv 7.2. 18 Dated this 2nd day of October, 2024. 19 20 oC. . ok _ 21 norable'Diang4. Hundetewa United States District Judge 23 24 25 26 27 28

-2-