Franco Aleman v. Trump

THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE STATE OF WASHINGTON, et al., CASE NO. C25-0127-JCC Plaintiffs, CONSOLIDATION ORDER 11 v. DONALD TRUMP, et al., 13 Defendants.

DELMY FRANCO ALEMAN, et al., CASE NO. C25-0163-JCC 17 Plaintiffs, v. DONALD TRUMP, et al., Defendants.

23 This matter comes before the Court sua sponte. On January 20, 2025, President Trump issued an executive order entitled “Protecting the Meaning and Value of American Citizensip.”

25 See C25-0127-JCC, Dkt. No. 43 at 1. It directs agencies not to recognize the U.S. citizenship rights of certain children born within the United States “30 days from the date of this order.”

CONSOLIDATION ORDER C25-0127-JCC, Dkt. No. 1 at 36.

2 Shortly thereafter, the states of Washington, Oregon, Arizona, and Illinois (“Plaintiff States”) filed suit in this Court, seeking to enjoin enforcement of the President’s order. See generally id. The Court issued a temporary restraining order enjoining implementation and enforcement of President Trump’s order and set a preliminary injunction hearing for February 6, 2025. See C25-0127-JCC, Dkt. Nos. 43, 44. The following day, Delmy Franco Aleman, Cherly Norales Castillo, Alicia Chavarria Lopez1 (“Individual Plaintiffs”) filed suit seeking similar relief as the Plaintiff States. See C25-0163-JCC, Dkt. No. 1. The Individual Plaintiffs also filed notice pursuant to LCR 3(g) of a related case—case number C25-0127-JCC. See C25-0163-JCC, Dkt. No. 2. As indicated in the notice, both cases “present the same questions regarding the constitutionality and legality of President Trump’s Executive Order.” Id. at 2.

12 If multiple actions before the Court involve a common question of law or fact, the Court may consolidate the actions. Fed. R. Civ. P. 42(a)(2). The Court has substantial discretion in determining whether to do so. See Inv’rs Research Co. v. U.S. Dist. Court for Cent. Dist. of Cal., 877 F.2d 777, 777 (9th Cir. 1989). Once a common question of law or fact is identified, the Court considers factors such as the interests of justice, expeditious results, conservation of resources, avoiding inconsistent results, and the potential of prejudice. See Wright & Miller, 9A Fed. Prac. & Proc. Civ. § 2383 (3d ed.).

19 Here, both suits are brought against, ostensibly, the same defendants. Compare C25- 0127-JCC, Dkt. No. 1, with C25-0163-JCC, Dkt. No. 1. And while the plaintiffs and their interests vary, the relief they seek turn on the same core legal issue: the constitutionality and legality of President Trump’s order. Id. Therefore, to ensure consistent results, conserve resources, and avoid prejudice, the Court FINDS consolidation warranted in this instance.

24 Accordingly, it ORDERS that the following cases be consolidated: C25-0127-JCC and C25- 1 All of whom are pregnant noncitizens living in the United States with due dates more than 30 days following President Trump’s order. See C25-0163-JCC, Dkt. No. 1 at 13–15.

CONSOLIDATION ORDER 0163-JCC. All future filings shall bear the caption and case number of the case first filed in this district, State of Washington, et al., v. Donald Trump, et al., C25-0127-JCC. The remaining case, C25-0163-JCC, shall be CLOSED, and any case management deadlines set in that case shall be VACATED.

5 In light of the temporary relief already provided to the Plaintiff States, see C25-0127- JCC, Dkt. No. 43, and the pendency of a preliminary injunction hearing, scheduled for February 6, 2025, see C25-0127-JCC, Dkt. No. 44, the Court sets the following supplemental deadlines: 8 • The Individual Plaintiffs may supplement the Plaintiff States’ anticipated motion 9 for a preliminary injunction, no later than January 29, 2025.

10 • The Individual Plaintiffs may file a supplemental reply to the Government’s 11 anticipated response (due January 31, 2025) on or before February 4, 2025.

12 • The Individual Plaintiffs shall appear at the preliminary injunction hearing set for 13 10:00 a.m. on February 6, 2025.

14 • The Plaintiff States and the Individual Plaintiffs are ORDERED to file a 15 consolidated complaint no later than February 10, 2025.

17 DATED this 27th day of January 2025.

A John C. Coughenour 21 UNITED STATES DISTRICT JUDGE CONSOLIDATION ORDER