United States District Court for the Southern District of California, 2023

Price v. Carnival Corporation

Price v. Carnival Corporation
United States District Court for the Southern District of California · Decided June 9, 2023
Price v. Carnival Corporation

Trial Court Opinion

7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA INDIA PRICE, individually and on behalf Case No.: 23-cv-236-GPC-MSB of all others similarly situated, 11 ORDER GRANTING JOINT Plaintiff, MOTION TO CONSOLIDATE CASES AND SETTING BRIEFING v. 13 SCHEDULE CARNIVAL CORPORATION, [ECF No. 8] Defendant.

ERICA MIKULSKY, individually and on Case No.: 23-cv-404-GPC-MSB behalf of all others similarly situated, ORDER GRANTING JOINT 17 Plaintiff, MOTION TO CONSOLIDATE v. CASES AND SETTING BRIEFING SCHEDULE CARNIVAL CORPORATION, 20 Defendant. [ECF No. 14] MARILYN HERNANDEZ, individually Case No.: 23-cv-1034-GPC-MSB and on behalf of all others similarly ORDER GRANTING JOINT situated, 23 MOTION TO CONSOLIDATE Plaintiff, CASES AND SETTING BRIEFING SCHEDULE v. CARNIVAL CORPORATION, [ECF No. 24] Defendant.

1 ARIEL OLIVER, Case No.: 23-cv-1036-GPC-MSB 2 Plaintiff, ORDER GRANTING JOINT MOTION TO CONSOLIDATE v. CASES AND SETTING BRIEFING CARNIVAL CORPORATION, SCHEDULE Defendant. [ECF No. 23] 7 Before the Court are Parties’ Joint Motions to Consolidate the four cases above as well as Parties’ Joint Motion to Set Case Deadlines. See Price v. Carnival Corp., Case No. 3:23-cv-00236-GPC-MSB, ECF No. 8; Mikulsky v. Carnival Corp., Case No. 3:23- cv-00404-GPC-MSB, ECF No. 14; Hernandez v. Carnival Corp., Case No. 3:23-cv- 1034-GPC-MSB, ECF No. 24; Oliver v. Carnival Corp., Case No. 3:23-cv-1036-GPC- MSB, ECF No. 23.

13 Federal Rule of Civil Procedure (“Rule”) 42(a) states that “[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). A district court has broad discretion in determining whether or not to consolidate actions. See Southwest Marine, Inc. v. Triple A Mach. Shop, Inc., 720 F. Supp. 805, 806-07 (N.D. Cal. 1989).

19 Upon review of the moving papers, the record, and the applicable law, the Court GRANTS Parties’ Joint Motions to Consolidate. Review of the operative complaints show that all four cases are putative class actions brought by respective Plaintiffs against the same Defendant, concerning the same alleged privacy rights violations committed by Defendant in relation to Carnival Corporation’s use of computer code to record www.carnival.com website visitors’ electronic communications with the website.

1 The Court HEREBY CONSOLIDATES the four above-captioned cases. The Court DESIGNATES Price v. Carnival Corporation, Case No. 3:23-cv-00236-GPC- || MSB, as the lead case. All subsequent filings shall occur only in the lead case.

4 The Court FURTHER ORDERS that Plaintiffs shall file a consolidated complaint 5 or before August 7, 2023. Defendant shall have until September 6, 2023 to respond || to the consolidated complaint.

7 IT IS SO ORDERED.

8 ||Dated: June 9, 2023 = 10 United States District Judge 28 23-cv-236-GPC-MSB

Case-law data current through December 31, 2025. Source: CourtListener bulk data.