VARNER et al v. THE UNITED STATES OF AMERICA

Filing 29

ORDER granting (27) Motion to Consolidate Cases Lead Case # 4:17-cv-231. Member Case # 4:18-cv-211. Ordered by US DISTRICT JUDGE CLAY D. LAND on 3/7/2019 (tlf).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
TINA VARNER and WILLIAM VARNER, *
as administrators of the Estate
of W.V., deceased,
*
Plaintiffs,

*

vs.
THE UNITED STATES OF AMERICA,

CASE NO. 4:17-CV-231 (CDL)

*
*

Defendant.

*
*

WILLIAM VARNER,
*
Plaintiff,
*
vs.

CASE NO. 4:18-CV-211 (CDL)
*

THE UNITED STATES OF AMERICA,
*
Defendant.
*
O R D E R
Plaintiffs filed a motion to consolidate these two actions
under Federal Rule of Civil Procedure 42 because the actions
involve common questions of law and fact.
that

the

motion

actions

(ECF

No.

should
27

in

be

The Government agrees

consolidated.

4:17-cv-231)

is

Thus,

granted.

Plaintiffs’
The

above

captioned actions are consolidated for all pretrial proceedings
and for trial.

All future filings shall be made in Case No.

4:17-cv-231, the first opened case.
not

prevent

the

Government

from

This consolidation shall

asserting

any

defenses

that

would exist if the cases proceeded separately.

If the parties

determine that any action should be severed in the future for
trial or some other purpose, they shall file a motion to sever
at the appropriate time.

Until an order is entered severing any

action,

shall

these

actions

remain

consolidated

for

all

purposes.
Under the scheduling order in 4:17-cv-231, the discovery
deadline is March 13, 2019, and the dispositive motion deadline
is

April

29,

2019.

The

parties

have

not

yet

submitted

a

proposed scheduling and discovery order in 4:18-cv-211; their
deadline for doing so is March 11, 2019.
consolidated

action

shall

submit

a

The parties in the

single

joint

scheduling and discovery order by March 18, 2019.

proposed
The joint

proposed scheduling and discovery order should be emailed to the
Clerk at [e-mail].
IT IS SO ORDERED, this 7th day of March, 2019.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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