SLADE v. BAYVIEW LOAN SERVICING LLC
Filing
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ORDER to Consolidate into Slade v. Bayview Loan Servicing, LLC, 3:11-cv-100(CDL) and that this case, 3:11-cv-136(CAR) be administratively closed. Ordered by Judge C. Ashley Royal on 9/22/11. (lap)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
DIANE SLADE,
:
:
Plaintiff,
:
:
Civil Action No.: 3:11‐CV‐136 (CAR)
v.
:
:
BAYVIEW LOAN SERVICING LLC, :
:
Defendant.
:
_____________________________________________________________________________
ORDER TO CONSOLIDATE
In this case, Plaintiff Dianne Slade has filed a pro se complaint against Defendant
Bayview Loan Servicing LLC, asserting Defendant unlawfully violated the Fair Debt
Collection Practices Act and various Georgia statutes by initiating foreclosure
proceedings against Plaintiff’s property located at 420 Anne P. Henderson Drive, Social
Circle, Georgia (the “Property”). Plaintiff also has an almost identical case currently
pending in this Court, Slade v. Bayview Loan Servicing LLC, Case No. 3:11‐CV‐100, in
which she also claims Defendant unlawfully violated the Fair Debt Collection Practices
Act by initiating foreclosure proceedings against Plaintiff’s Property. The Court finds
these two cases clearly involve common questions of law and fact and therefore
ORDERS the two cases to be CONSOLIDATED pursuant to Fed. R. Civ. P. 42(a).
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ANALYSIS
Rule 42(a) affords a district court authority to order multiple actions consolidated
“[w]hen actions involving a common question of law or fact are pending before the
court.” Fed. R. Civ. P. 42(a). The Eleventh Circuit has explained that consolidation
pursuant to Rule 42(a) “is permissive and vests a purely discretionary power in the
district court.” Young v. City of Augusta, 59 F.3d 1160, 1168 (11th Cir .1995) (quoting In
re Air Crash Disaster at Florida Everglades, 549 F.2d 1006, 1013 (5th Cir.1977)). In
exercising that discretion, district courts must weigh the risk of prejudice and confusion
wrought by consolidation against the risk of inconsistent rulings on common factual and
legal questions, the burden on the parties and the court, the length of time, and the
relative expense of proceeding with separate lawsuits if they are not consolidated. See
Hendrix v. Raybestos‐Manhattan, Inc., 776 F.2d 1492, 1495 (11th Cir.1985).
This Court has reviewed the Complaints in these two actions and readily
confirms that they encompass common, if not identical, questions of law and fact; that
consolidation would promote the interests of judicial economy, efficiency and
convenience; and that consolidation would not appear likely to yield any countervailing
inconvenience, delay, prejudice or expense for the Court or the litigants. Thus, the Court
exercises its discretion and consolidates these two cases.
The Court notes that it is consolidating these cases sua sponte. The law is clear
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that district courts are authorized to consolidate cases for trial sua sponte, without a
motion from the parties. See, e.g., Devlin v. Transportation Communications Intʹl Union,
175 F.3d 121, 130 (2nd Cir.1999) (“A district court can consolidate related cases under
Federal Rule of Civil Procedure 42(a) sua sponte.”); Blasko v. Washington Metropolitan
Area Transit Authority, 243 F.R.D. 13, 15 (D.D.C.2007) (“By its plain language, Rule 42(a)
permits sua sponte consolidation.”); Disher v. Citigroup Global Markets, Inc., 487
F.Supp.2d 1009, 1013‐14 (S.D.Ill.2007) (“A court may order consolidation sua sponte and,
if need be, over the objections of parties.”). As such, the lack of any Rule 42(a) motion
from any party in either of the two cases is no impediment to consolidation if the
relevant considerations warrant same.
CONCLUSION
Pursuant to Fed. R. Civ. P. 42(a), the Court hereby ORDERS that the instant case,
Slade v. Bayview Loan Servicing LLC, 3:11‐CV‐136‐CAR, be CONSOLIDATED into
Slade v. Bayview Loan Servicing LLC, 3:11‐CV‐100‐CDL and that the present case,
3:11‐CV‐136, be ADMINISTRATIVELY CLOSED.
To avoid any confusion, and given that 3:11‐CV‐136 will henceforth be a closed
file, the parties are ORDERED not to include the caption of 3:11‐CV‐136 in any future
filings in this action and not to file any pleadings directly in 3:11‐CV‐136. Rather, all
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future filings in these consolidated proceedings should be made exclusively in
3:11‐CV‐100.
SO ORDERED. This 22nd day of September, 2011.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
SSH
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