Leong v. Havens

Background

These two cases originated in Alameda County Superior Court. Arnold Leong filed a petition to confirm an arbitration award. On July 29, 2020, Warren Havens filed two identical notices of removal, bringing the matter to federal court twice and resulting in separate case numbers: 20-cv-05234-JST and 20-cv-05236-JST.

Legal standard

Federal Rule of Civil Procedure 42(a) allows a court to join matters for hearing or trial, consolidate actions, or issue other orders when cases involve common questions of law or fact. The court explained that consolidation is intended to promote convenience and efficient administration. Consolidation does not merge the cases into one cause of action, change the parties’ rights, or make a party in one case a party in the other. Courts weigh judicial economy against possible delay or prejudice.

Order

The court stated that the two cases appeared to be identical in all respects and were particularly good candidates for consolidation. It ordered the parties to show cause—meaning to explain—why the cases should not be consolidated for all purposes. Written responses were due September 30, 2020, and the court said it would take the matter under submission on that date unless it ordered otherwise. The court further stated that, if no response was received, it would consolidate the cases.

This order directed the parties to respond; it did not itself state that the cases had already been consolidated and did not decide the petition to confirm the arbitration award.