Gila River Indian Community et al v. Becerra et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Gila River Indian Community, et al.,
Plaintiffs,
v.
Xavier Becerra, et al.,
Defendants.
No. CV-22-1993-PHX-DLR
CV-23-02454-PHX-KML
ORDER
The parties filed a joint motion to consolidate CV-22-1993-PHX-DLR and CV-23-
2454-PHX-KML. The parties do not explain the type of consolidation they seek, although
it appears they are requesting consolidation primarily to ensure the later-filed case becomes
subject to the stay in place in the earlier-filed case so the two cases can be litigated on the
same timeline.
As contemplated by Local Rule 42.1(b), the judges handling the two cases have
consulted and determined it would be appropriate for a single judge to resolve both cases.
The later-filed case is the larger of the two and transfer of the earlier-filed case to the
undersigned is the appropriate outcome. The stay in the earlier-filed case is lifted and
litigation in both cases must resume.
Based on the similarity of the claims in the two cases, the parties must file a joint
statement explaining whether the cases should be consolidated into a single case. If
consolidated, plaintiff would file a new consolidated complaint, and the second-filed case
would be dismissed. The current deadline for defendants to respond to the complaint in the
Case 2:22-cv-01993-KML Document 54 Filed 01/07/26 Page 1 of 2

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later-filed case is January 9, 2026. That deadline is vacated, and a response deadline will
be reset upon receipt of the parties’ joint statement.
IT IS ORDERED the Motion to Consolidate (Doc. 53) in CV-22-1993-PHX-DLR
is GRANTED to the extent the Clerk of Court shall reassign CV-22-1993-PHX-DLR to
the undersigned.
IT IS FURTHER ORDERED the stay issued on December 1, 2025, in CV-22-
1993-PHX-DLR is VACATED. No later than January 13, 2026, the parties shall file in
CV-22-1993-PHX-DLR a joint statement setting forth their positions regarding
consolidation.
IT IS FURTHER ORDERED the January 9, 2026, deadline in CV-23-2454-PHX-
KML for defendants to respond to the complaint is vacated to be reset by future order.
Dated this 7th day of January, 2026.
Case 2:22-cv-01993-KML Document 54 Filed 01/07/26 Page 2 of 2