BRAGG et al v. MOORE et al

Filing 7

ORDER granting 5 MOTION to Consolidate Cases filed by PHYAMERICA GOVERNMENT SERVICES INC, RANDALL EUGENE SCOTT, and TERRALL NEAL MOORE. 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. Cases associated. Signed by SENIOR JUDGE LACEY A COLLIER on 1/6/10. (lcu)

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