Propes v. Social Security Administration
ORDER granting Plaintiff's Motion to Consolidate filed in 3:11-CV-131. Cases 3:11-CV-49 & 3:11-CV-131 are hereby consolidated, to continue as one case under 3:11-CV-49 as the lead case. Pleadings are to be filed in the lead case only. The Clerk is directed to take the necessary steps to effect consolidation & to make the necessary chip exchange. A copy of this Order will be filed in both cases. Signed by Magistrate Judge Joe J. Volpe on 8/11/2011. (jct)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NO. 3:11CV00049-JJV (LEAD)
MICHAEL J. ASTRUE,
MICHAEL J. ASTRUE,
Plaintiff has filed a Motion to Consolidate these two civil actions. He states
that Case No. 3:11CV00049-JJV was initiated to seek judicial review of an Appeals
Council decision denying benefits, dated February 22, 2011. The Appeals Council
subsequently vacated that decision and issued a second decision denying benefits.
Plaintiff states that Case No. 3:11CV00131-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 parties are already into the briefing process in the first civil action, Plaintiff
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
The issue in both cases is the validity of the Commissioner’s decision finding
Plaintiff 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) (court may
consolidate actions which involve a common question of law or fact).
IT IS THEREFORE ORDERED THAT:
Plaintiff’s Motion to Consolidate (docket entry #6 in Case No.
3:11CV00131) is granted.
Case No. 3:11CV00049-JJV and Case No. 3:11CV00131-JTR are hereby
consolidated, to continue as one case under Case No. 3:11CV00049-JJV.
Case No. 3:11CV00049-JJV is designated as the lead case. Pleadings are
to be filed in that case only.
The Clerk is directed to take the necessary steps to effect consolidation
and to make the necessary chip exchange. A copy of this Order will be filed in both
DATED this 11th day of August, 2011.
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?