Graham v. Blair et al

Filing 11

MEMORANDUM AND OPINION granting 5 MOTION to Consolidate Cases filed by Brian Zywicki, Christopher Blair, Mike Origliosso, David Matevey and consolidates 10-780-JPG-DGW into 10-772-JPG-PMF. Magistrate Judge Frazier shall be magistrate judge assigned to consolidated cases. All future filings shall bear the consolidated caption used in this order and shall be filed only in Graham, 10-772-JPG-PMF. Signed by Judge J. Phil Gilbert on 12/13/10. (djs, )

-PMF Graham v. Blair et al

Doc. 11

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ROSALYN GRAHAM, Plaintiff, v. CHRISTOPHER BLAIR, BRIAN ZYWICKI., MIKE ORIGLIOSSO and DAVE MATEVEY, Defendants. KATHY WILLIAMS, Plaintiff, v. CHRISTOPHER BLAIR, BRIAN ZYWICKI., MIKE ORIGLIOSSO and DAVE MATEVEY, Defendant. MEMORANDUM AND ORDER This matter comes before the Court on the motion of the defendants in both of the aforecaptioned cases to consolidate those cases (Doc. 5, Case No. 10-cv-772-JPG-PMF; Doc. 8, Case No. 10-cv-780-JPG-DGW). Neither plaintiff has responded to the motion in her respective case. Rule 42(a) allows the Court discretion to consolidate cases that involve a common question of law or fact. The two cases at issue involve the same basic set of facts ­ the nearly simultaneous arrests of the plaintiffs on August 13, 2009, after a traffic stop of the vehicle in which they both were riding ­ and the same theories under 42 U.S.C. § 1983 for violations of the Fourth, Sixth and Fourteenth Amendments. In addition, the defendants are the same in both cases, and the respective sides of each case are represented by the same attorneys. In light of these common issues of law and fact, the Court believes it would be more efficient to consolidate Case No.10-cv-780-JPG-PMF Consolidated with Case No. 10-cv-772-JPG-PMF

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this case and decide those common issues in a common proceeding. For these reasons, the Court GRANTS the motions to consolidate (Doc. 5, Case No. 10cv-772-JPG-PMF; Doc. 8, Case No. 10-cv-780-JPG-DGW) and CONSOLIDATES Williams v. Blair, Case No. 10-cv-780-JPG-DGW, into Graham v. Blair, Case No. 10-cv-772-JPG-PMF. Magistrate Judge Frazier shall be the magistrate judge assigned to the consolidated case. All future filings shall bear the consolidated caption used in this order and shall be filed only in Graham. IT IS SO ORDERED. DATED: December 13, 2010 s/J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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