Allemandi v. Richman et al

Filing 33

MEMORANDUM ORDER CONSOLIDATING CIVIL ACTION NOS. 17-1322-LPS AND 17-1432-LPS FOR ALL PURPOSES. ALL FUTURE FILINGS SHALL BE MADE IN LEAD CASE NO. 17-1322-LPS. ORDER denying as moot (20 in 1:17-cv-01432-LPS) MOTION for Extension of Time to File, de nying without prejudice to renew (16 in 1:17-cv-01322-LPS)MOTION for Extension of Time to File, denying(27 in 1:17-cv-01432-LPS, 18 in 1:17-cv-01322-LPS) MOTION to Lower Fee Percentage or Stay, denying as premature (34 in 1:17-cv-1432-LPS, 27 in 1:17 -cv-1322-LPS) MOTION for Default Judgment as to Laura L. Brakett, Potter, granting(23,26 in 1:17-cv-01432-LPS) MOTION to Appoint Counsel, denying as moot (26 in 1:17-cv-01322-LPS) MOTION to add defendants, granting as to consolidation but otherw ise denying(10, 17 in 1:17-cv-01322-LPS) MOTION to Consolidate Cases, denying (28 in 1:17-cv-01322-LPS, 58 in 1:17-cv-01432-LPS) MOTION of Defamation of Character by Defendants, denying as moot (38 in 1:17-cv-01432-LPS) MOTION to Amend/Correct , denying as premature (39 in 1:17-cv-01432-LPS) MOTION for Discovery. ORDER, Clerk of Court to attempt to refer representation of plaintiff to member of Federal Civil Panel. Standing Order re Federal Civil Panel is incorporated by reference. Case stayed. Signed by Judge Leonard P. Stark on 5/16/2018. (nmf) Modified on 5/16/2018 (nmf).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HERMIONE KELLY IVY WINTER,
formerly known as David Allen Allemandi,
Plaintiff,

v.

: Civ. No. 17-1322-LPS

MARC RICHMAN, et al.,
Defendants.
HERMIONE KELLY IVY WINTER,
formerly known as David Allen Allemandi,
Plaintiff,

v.

: Civ. No. 17-1432-LPS

DR. P. MUNOZ, et al.,
Defendants.

MEMORANDUM ORDER
At Wilmington this 16th day of May, 2018,
Plaintiff Hermine Kelly Ivy Winter ("Plaintiff') has filed numerous lawsuits. Many of them
contain identical or similar allegations against the same Defendants. The cases include Civ. Nos.
16-890-LPS, 17-1322-LPS, 17-1432-LPS, and 18-351-LPS. In the filings, Plaintiff raises religious
diet claims, medical needs claims that include hormone replacement therapy, failure to protect
claims, grievance claims, and sexual harassment claims, all in alleged violation of her civil rights
pursuant to 42 U .S.C. § 1983. In all cases, Plaintiff proceeds pro se and has been granted in farma

pauperis status. The Court has reviewed the complaints in these cases and will consolidate cases and
issues to more effectively manage Plaintiffs actions.

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The complaints in the two-above captioned cases involve the same or similar allegations
against many of the same defendants, including medical needs/hormone replacement therapy
claims, failure to protect claims, and sexual harassment claims. (See Civ. No. 17-1322-LPS at D.I. 3;
Civ. No. 17-1432-LPS at D.I. 24)
Federal Rule of Civil Procedure 42 provides for consolidation "[w]hen actions involv[e] a
common question of law or fact ... to avoid unnecessary costs or delay." Fed. R. Civ. P. 42(a).
"District courts have the inherent authority to order consolidation sua sponte." Plimpton v. Cooper,
141 F. Supp. 2d 573, 575 (W.D. N.C. 2001) (citing Pickle v. Char L.ee Seafood, Inc., 174 F.3d 444 (4th
Cir. 1999)). Both complaints concern common questions of law and fact with regard to Plaintiffs
medical needs/hormone replacement therapy claims, failure to protect claims, and sexual
harassment claims. All other remaining claims raised will be dismissed as they are raised in other
actions filed by Plaintiff.
IT IS THEREFORE ORDERED that:
1.

Civil Action Nos. 17-1322-LPS and 17-1432-LPS are CONSOLIDATED for all

purposes.
2.

The caption of the Consolidated Action is as follows:

HERMIONE KELLY IVY WINTER,
Plaintiff,

: CONSOLIDATED

v.

: Civ. No. 17-1322-LPS

MARC RICHMAN, et al.,
Defendants.

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3.

The complaint filed in Civil Action No. 17-1322-LPS at D.I. 3 and the amended

complaint filed in Civil Action No. 17-1432-LPS at D.I. 24, together, will stand as the complaint in
this Consolidated Action insofar as they raise medical needs/hormone replacement therapy claims,
failure to protect claims, and sexual harassment claims. All other remaining claims raised are
DISMISSED as they are raised in other actions filed by Plaintiff.
4.

All documents previously filed to date in the cases consolidated herein are deemed

filed and are part of the record in the Consolidated Action.
5.

Hereafter, court pleadings and documents shall be filed only in Consolidated Civil

Action No. 17-1322-LPS. The Court will not accept pleadings filed in Civil Action No. 17-1432LPS.
IT IS FURTHER ORDERED that:
1.

Plaintiffs motions to consolidate cases (Civ. No. 17-1322-LPS at D.I. 10, 17) are

GRANTED to the extent that Civ. No. 17-1322-LPS and Civ. No. 17-1432-LPS are consolidated,
and are otherwise DENIED.
2.

Plaintiffs motion for an extension of time to comply with the Court's February 5,

2018 Order (Civ. No. 17-1322-LPS at D.I. 16) is DENIED without prejudice to renew if necessary
upon lifting of the stay.
3.

Plaintiffs motion for an extension of time to file an amended complaint (Civ. No.

17-1432-LPS at D.I. 20) is DENIED as moot.
4.

Plaintiffs motions to lower the fee percentage or stay the case (Civ. No. 17-1322-

LPS at D.I. 18; Civ. No. 17-1432-LPS at D.I. 27) are DENIED. Plaintiff filed these cases and she
is required by 28 U.S.C. § 1914 and§ 1915 to pay the filing fee owed, as set forth in the statut~'s
calculation of filing fee payments.
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5.

Plaintiff's motions to add defendants, construed as motions to amend (Civ. No. 17-

1322-LPS at D.I. 26 and Civ. No. 17-1432-LPS at D.I. 38), are DENIED as moot. As set forth
below, Plaintiff has been given leave to file an amended complaint in this consolidated case.
6.

Plaintiff's motions for default judgment (Civ. No. 17-1322-LPS at D.I. 27 and Civ.

No. 17-1432-LPS at D.I. 34) are DENIED as premature. Entry of default judgment is a two-step
process. See Fed. R. Civ. P. SS(a), (b). A party seeking to obtain a default judgment must first
request that the Clerk of the Court "enter ... the default" of the party that has not answered the
pleading or "otherwise defend[ed]," within the time required by the rules or as extended by court
order. Fed. R. Civ. P. SS(a). Even if default is properly entered, the entry of judgment by default
pursuant to Rule 55(b)(2) is within the discretion of the trial court. See Hritz v. Woma Corp., 732
F.2d 1178, 1180 (3d Cir. 1984). Here, there has been no entry of default.
7.

Plaintiff's motions for "depri.vmation of character" (Civ. No. 17-1322-LPS at D.I. 28

and Civ. No. 17-1432-LPS at D.I. 58) are DENIED. Plaintiff complains that she receives no
medical treatment despite her diagnosis and grievances submitted. She takes exception to the denial
of her grievance. An inmate does not have a "free-standing constitutional right to an effective
grievance process." Woods v. First Con: Med., Inc., 446 F. App'x 400, 403 (3d Cir. Aug. 18, 2011)
(citing Flick v. Alba, 932 F.2d 728, 729 (8th Cir. 1991)).
8.

Plaintiff's motion for discovery (Civ. No. 17-1432-LPS at D.I. 39) is DENIED as

premature.
IT FINALLY ORDERED THAT:
1.

Plaintiff's requests for counsel (Civ. No. 17-1432-LPS at D.I. 23, 26) are

GRANTED.
2.

The Clerk of Court is directed to attempt to refer representation of Plaintiff to a

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member of the Federal Civil P anel.
3.

T he Court's standing order and its amendments regarding the establishment of a

Federal Civil Panel to provide legal representation to indigent parties in certain civil litigatio n is
incorporated herein by reference.
4.

The consolidated matter is STAYED pending the attempt to refer representation of

the Plaintiff to a member of the Federal Civil Panel.
5.

Upon representatio n of Plaintiff by a member of the Federal Civil Panel, Plaintiff is

given leave to file an amended complaint in this consolidated case that contains all medical
needs/hormone replacement therapy claims, failure to protect claims, and sexual harassment claims,
and contains all D efendants against whom the claims are raised, in one pleading. The Court will
strike any o ther newly-added claims. The amended complaint will be screened pursuant to 28
U.S.C. § 1915(e)(2) and § 1915A(A) and a service order entered, should the amended complaint
contain cognizable claims.

HONORABLE LEONARD P. STARK
UNITED ST.ATES DISTRICT JUDGE

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