Thomas v. Social Security Administration

Filing 11

ORDER granting Motion to Consolidate Cases in Case No. 2:14CV00143 JTR and directing the Clerk to reassign that case to the docket of Judge Joe J. Volpe. Signed by Magistrate Judge J. Thomas Ray on 02/05/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
LORENZO THOMAS
V.

PLAINTIFF
NO. 2:14CV00143-JTR

CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration

DEFENDANT

LORENZO THOMAS
V.

PLAINTIFF
NO. 2:14CV00123-JJV

CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration

DEFENDANT

ORDER
Plaintiff, Lorenzo Thomas, has filed a Motion to Consolidate these two civil
actions. He states that Case No. 2:14cv00123-JJV was initiated to seek judicial review
of an Appeals Council decision denying benefits, dated October 17, 2014. The
Appeals Council subsequently vacated that decision and issued a second decision
denying benefits. Thomas states that Case No. 2:14cv00143-JTR is a duplicate of the
earlier case, filed only for the purpose of protecting his appeal of the second Appeals
Council decision. Since the administrative transcript has been filed and the parties are
already into the briefing process in the first civil action, Thomas asks that the two
cases be consolidated so his appeal may proceed in the first civil action. Although

time has passed, the Commissioner has indicated no objection to consolidation.
The issue in both cases is the validity of the Commissioner’s decision finding
Thomas not disabled. Both cases involve the same set of facts and law. Under the
circumstances, consolidation is proper. See Fed. R. Civ. P. 42(a).
IT IS THEREFORE ORDERED THAT:
1.

Thomas’s Motion to Consolidate (Doc. 5 in Case No.2:14cv00143-JTR)

is granted.
2.

Case No. 2:14cv00123-JJV and Case No. 2:14cv00143-JTR are hereby

consolidated, to continue as one case under Case No. 2:12cv00123-JJV.
3.

Case No. 2:12cv00123-JJV is designated as the lead case. Pleadings are

to be filed in that case only.
4.

The Clerk is directed to take the necessary steps to effect consolidation

and make the appropriate reassignment. A copy of this Order will be filed in both
cases.
DATED this 5th day of February, 2015.

_____________________________________
UNITED STATES MAGISTRATE JUDGE