Can a plaintiff bring a motion to consolidate the actions of three defendants in the same action?

MultiRegion, United States of America

The following excerpt is from Evans v. Cal. Dep't of Corr., No. 2:17-cv-1890 DB P (E.D. Cal. 2018):

In his motion to consolidate, plaintiff asks rather than seeking consolidation, he should move to amend his complaint in case no. 2:17-cv-1888 AC. Plaintiff states that he intended the three claims he filed to be docketed as one case, not three. This court cannot advise plaintiff on the correct course of action in another case. However, plaintiff is advised that all claims in one action should be related. Federal Rule of Civil Procedure 18(a) allows a party to "join, as independent or alternative claims, as many claims as it has against an opposing party." However, Rule 20(a)(2) permits a plaintiff to sue multiple defendants in the same action only if "any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and there is a "question of law or fact common to all defendants." "Thus multiple claims against a single party are fine, but Claim A against Defendant 1 should not be joined with unrelated Claim B against Defendant 2. Unrelated claims against different defendants belong in different suits . . ." George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (citing 28 U.S.C. 1915(g)).

For the foregoing reasons, and good cause appearing, IT IS HEREBY ORDERED as follows:

Other Questions


What is the test for a plaintiff to bring a motion for damages against a defendant who has been found to have been negligent in their actions? (MultiRegion, United States of America)
Does a motion to strike effectively dismiss all of plaintiff's claims against defendant defendants constitute an anti-SLAPP motion? (MultiRegion, United States of America)
What is the test for determining if a plaintiff has jurisdiction to bring a motion to dismiss the motion? (MultiRegion, United States of America)
Can Gulfstream bring a motion to stay or dismiss a federal action seeking to prevent Gulfstream from using the same federal action? (MultiRegion, United States of America)
Is a prisoner precluded from bringing a civil action or appeal in forma pauperis if he has brought three frivolous actions and/or appeals? (MultiRegion, United States of America)
Can a plaintiff bring a cognizable Eighth Amendment violation based solely on an allegation that defendants issued a false rules violation against plaintiff? (MultiRegion, United States of America)
Can a plaintiff bring a complaint alleging that defendants conspired to deprive plaintiff of his constitutional rights? (MultiRegion, United States of America)
Can Plaintiffs amend their pleadings in a motion to amend after defendants have filed motions to dismiss? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
When will a plaintiff be able to bring a claim for damages arising out of actions taken in anticipation of future government action? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.