Braase v. Battelle Energy Alliance, LLC

Filing 22

MEMORANDUM DECISION AND ORDER - The Clerk is directed to effectuate the transfer of Braase v. Battelle Energy Alliance, LLC, Case No. 4:14-cv-481-EJL to this Court, and make the necessary changes to the case title. Case reassigned to Judge B. Lynn Wi nmill for all further proceedings and case number is now 4:14-cv-00481-BLW. IT IS FURTHER ORDERED, that the referral to Judge Bush in Braase v. Battelle Energy Alliance LLC, supra, is withdrawn. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

BRIAN SIMMONS,
Case No. 4:14-cv-294-BLW
Plaintiff,
MEMORANDUM DECISION AND
ORDER

vs.
BATTELLE ENERGY ALLIANCE,
LLC, organized in Delaware,
Defendant.

STEVE BRAASE,
Case No. 4:14-cv-481-EJL
Plaintiff,
vs.
BATTELLE ENERGY ALLIANCE,
LLC, organized in Delaware,
Defendant.

INTRODUCTION
The Court has before it plaintiff Simmons’ motion to consolidate. The motion is
fully briefed and at issue. For the reasons expressed below, the Court will grant the
ORDER - 1

motion, transferring a similar case from Judge Lodge to this Court and consolidating the
two cases for discovery purposes but not for trial.
BACKGROUND
Plaintiff Brian Simmons asks the Court to consolidate his case with a similar case
brought by Steve Braase pending before Judge Lodge. Braase v. Battelle Energy
Alliance, LLC, Case No. 4:14-cv-481-EJL. Both Simmons and Braase have sued
defendant Battelle Energy Alliance, LLC alleging they were wrongfully exposed to
Plutonium-239 while working on November 8, 2011. Simmons and Braase bring 11
identical claims against Battelle; Simmons brings one additional claim for retaliation.
Because Simmons and Braase bring 11 overlapping claims that arise from the
same event, Simmons asks the Court to (1) transfer the Braase case from Judge Lodge to
this Court, and (2) consolidate the two cases for discovery but not for trial. Battelle
agrees that the cases should not be consolidated for trial, but objects to consolidation for
discovery purposes, pointing out that (1) the parties have already agreed that discovery in
the two cases can be used in either case; and (2) the motion to consolidate is an attempt to
forum shop by Simmons because this Court denied a motion to dismiss, and Judge Lodge
had – at the time of the briefing on this motion – an identical motion pending before him.
Battelle argues that Simmons’ attempt to remove the case from Judge Lodge is actually
an attempt to get both cases in front of a judge deemed by Simmons to be favorable to his
case.
That latter point is now resolved because Judge Lodge also denied Battelle’s
motion to dismiss. There is no longer any hint of forum shopping in plaintiff’s attempt to
ORDER - 2

get both cases before a single judge. Indeed, the transfer would avoid the potential for
inconsistent rulings on motions and jury instructions. See Fed.R.Civ.P. 1. For these
reasons, the Court will grant that portion of the motion that seeks to transfer Braase to
this Court.
The only remaining issue is whether the cases should be consolidated for
discovery purposes. While the cases are not identical they are sufficiently similar to
warrant consolidation for discovery purposes. Battelle argues that complications will
arise because one case has a complex retaliation issue that the other case does not share.
Battelle is concerned about how consolidation will affect summary judgment motions.
However, Simmons is only seeking consolidation for discovery purposes, and the
consolidation will have no impact on summary judgment motions – they can be filed
separately in each case. Battelle also points out that the parties have agreed to share
discovery between the two cases, but that just means that a formal consolidation for
discovery purposes will not disrupt either side. The Court will therefore grant the motion
to consolidate for discovery purposes only.
ORDER
In accordance with the Memorandum Decision above,
NOW THEREFORE IT IS HEREBY ORDERED, that the Motion to Consolidate
(docket no. 20) is GRANTED. The Clerk is directed to effectuate the transfer of Braase
v. Battelle Energy Alliance, LLC, Case No. 4:14-cv-481-EJL to this Court, and make the
necessary changes to the case title.

ORDER - 3

IT IS FURTHER ORDERED, that this case and Braase v. Battelle Energy
Alliance, LLC, Case No. 4:14-cv-481-EJL be consolidated for discovery purposes only
and that this case be designated as the lead case for discovery purposes only.
IT IS FURTHER ORDERED, that the Clerk file a copy of this Order in both this
case and Braase.
IT IS FURTHER ORDERED, that the referral to Judge Bush in Braase v. Battelle
Energy Alliance LLC, supra, is withdrawn.

DATED: March 16, 2016

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER - 4