BRAGG v. UNITED STATES OF AMERICA

Filing 6

ORDER signed by SENIOR JUDGE LACEY A COLLIER on 1/6/10, in re: 3:09cv383 LAC/MD. Pursuant to Rule 42(a), Fed. R. Civ. P., this case is hereby transferred to the Honorable M. Casey Rodgers, with her consent, and is consolidated with Case No. 3:09cv382/MCR for all further proceedings. (lcu)

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IN THE UNITED STATES DISTRICT COURT FOR THE N O R T H E R N DISTRICT OF FLORIDA P E N S A C O L A DIVISION T IM O T H Y A. BRAGG and VIOLETA C . BRAGG, Individually and as Parents a n d Natural Guardians of S.E.B., a Minor, P la in tif f s , v. T E R R A L L NEAL MOORE, DO; RANDALL E U G E N E SCOTT, P.A.; and PYHAMERICA G O V E R N M E N T SERVICES, INC., D e f e n d a n ts. _______________________________/ O R D E R OF CONSOLIDATION U p o n a review of the files in this case and in Case No. 3:09cv382/MCR, and of D e f e n d a n ts ' Motion to Consolidate, the Court has determined that these cases present c o m m o n questions of fact or law. Pursuant to Federal Rule of Civil Procedure 42(a), district c o u rts possess the managerial authority to consolidate cases as a matter of judicial e x p e d ie n c e and to eliminate duplication of effort. See Young v. City of Augusta, Ga. T h ro u g h DeVaney, 59 F.3d 1160, 1169 (11th Cir. 1995). Plaintiffs oppose full consolidation o n grounds of potential prejudice because their claims under the Federal Tort Claims Act m u s t be tried before the Court while the rest of their claims may be tried before a jury. This m a tte r may be later addressed, however, through the bifurcation of trials if this is deemed a p p r o p r ia te . C a s e No. 3:09cv383/LAC Accordingly, the Court Orders: 1 . Defendants' Motion to Consolidate (doc. 5) is GRANTED. 2 . Pursuant to Rule 42(a), Fed. R. Civ. P., this case is hereby transferred to the H o n o ra b le M. Casey Rodgers, with her consent, and is consolidated with Case No. 3 :0 9 c v 3 82 /M C R for all further proceedings. ORDERED on this 6th day of January, 2010. s/L.A. Collier Lacey A. Collier S e n io r United States District Judge

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