State Farm Mutual Automobile Insurance Company v. Marshall et al

Filing 14

ORDER granting 13 Motion to Consolidate Cases for Purposes of Discovery and Pretrial Motions. The Clerk shall consolidate case number 1:14-CV-170 into State Farm Fire & Cas. Co. v. Marshall, 1:14-CV-220. All further motions in this case shall be f iled under case number 1:14-CV-220. The Court further directs the parties to newly prepare and submit a Rule 26(f) report that will govern the consolidated action by 5:00 PM on Monday, March 9, 2015. Signed by Judge J. Randal Hall on 02/23/2015. (thb) Modified on 2/23/2015 (thb).

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

STATE FARM MUTUAL AUTOMOBILE

*

INSURANCE COMPANY,

*
*

Plaintiff,

*
*

v.

*

CV 114-170

*

ROBERT EUGENE MARHSALL and

*

THOMASINA PARKS,

*
*

Defendants.

STATE FARM FIRE AND

*

CASUALTY

COMPANY,

*

*
•

Plaintiff,

*
*

v.

*

CV 114-220

*

ROBERT EUGENE MARHSALL and

*

THOMASINA PARKS,

*
*

Defendants.

*

ORDER

This matter is now before the Court on the parties'

Consent

Motion to Consolidate Actions for Purposes of Discovery and Pre

trial Motions.

(Doc. 13.)

Farm Mutual Automobile

filed

a

Complaint

for

On August 21, 2014,

Insurance Company

declaratory

("State Farm Mutual")

relief

Robert Eugene Marshall and Thomasina Parks,
from the Court that Mr.

Plaintiff State

against

Defendants

seeking a judgment

Marshall's automobile policy affords no

coverage for Ms. Parks'
in which Mr.

exit

the

State

same

Marshall cut her with a

steak knife as she tried to

vehicle during an altercation.

Farm

likewise

alleged damages arising from an incident

Fire

and

Casualty

filed a Complaint

defendants,

seeking

On December 3,

Company

("State

Farm

for declaratory relief

a

judgment

from

the

2014,

Fire")

against

Court

the

that

Mr.

Marshall's homeowner's insurance policy affords no coverage for
Ms.

Parks'

alleged

damages

State Farm Fire & Cas.

Co.

arising

v.

from

Marshall,

the commonality of the parties,

in the

cases,

Farm

Mutual

Defendants

action

into

the

same

l:14-CV-220

Because of
two

the

incident.
(S.D.

counsel,

and issues

now seek to consolidate
later-filed

State

Farm

Ga.).

the State

Fire

action

for the limited purposes of discovery and pre-trial motions.1
Rule 42 of the Federal Rules of Civil Procedure provides in
relevant

part:

question

of

"If

law

actions

or

fact,

before

the

the

court

court

involve

a

common

may . . . consolidate

the

action ... or issue any other orders to avoid unnecessary cost
or

delay."

Fed.

codification

of

R.

a

Civ.

trial

P.

42(a) (2)

court's

&

(3).

inherent

"This

rule

managerial

is

power

a

to

control the disposition of the causes on its docket with economy
of time and effort for itself,

Hendrix v.
Cir.

1985)

for counsel,

Raybestos-Manhattan,
(internal

Inc.,

quotation

marks

and for litigants."

776 F.2d 1492,
omitted) .

1495

The

(11th

Eleventh

1
Notably, discovery concluded in the State Farm Mutual action on
February 17, 2015, but the parties "have not yet exchanged written discovery
or conducted depositions."

(Doc. 13 at 3 .)
2

Circuit has "encouraged trial judges to make good use of Rule
42 (a) . . . in

order

to

expedite the

trial

[of

eliminate unnecessary repetition and confusion."

a

case]

Id.

and

(internal

quotation marks omitted).

In exercising its discretion under Rule 42(a),

the district

court must determine:

whether the specific risks of prejudice and possible
confusion [are] overborne by the risk of inconsistent
adjudications of common factual and legal issues, the
burden on parties, witnesses and available judicial
resources

posed

by multiple

lawsuits,

the

length

of

time required to conclude multiple suits as against a
single one, and the relative expense to all concerned
of the single-trial, multiple-trial alternatives.
Id. at 1495 (quoting Arnold v. E. Air Lines,

193 (4th Cir. 1982)).
consolidation:
through the
the

State

same

Inc.,

681 F.2d 186,

The facts of this case weigh in favor of
Farm

counsel,

Mutual

and

State

Farm Fire,

by and

seek coverage determinations against

same Defendants with respect to a single factual scenario,

albeit under distinct policies.
Based
Consent

v.

report

foregoing,

to

Consolidate.

case

Marshall,

SHALL be

DIRECTS

the

Motion

CONSOLIDATE

Co.

on

number

the

(Doc.

1:14-CV-170

l:14-CV-220.

Court

All

GRANTS

13.)

into

State

the

parties

to

The

newly prepare

and

The

submit

parties'

Clerk

Farm

future motions

filed under case number l:14-CV-220.

the

Fire

SHALL
&

Cas.

in this

case

Court

a

further

Rule

26(f)

that will govern the consolidated action by 5; 00

PM on

MONDAY, MARCH 9, 2015.

At the appropriate time, any party may

move to sever any claim for purposes of trial.

ORDER ENTERED at Augusta,

Georgia this £&Sp^day of

February, 2015.

HONORABLE J. RANDAL HALL
mriTEpySTATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA