Haywood et al v. Godinez et al

Filing 72

MEMORANDUM AND ORDER, The Clerk of Court is DIRECTED to CONSOLIDATE these cases and to REASSIGN Norwood v. Godinez, (Case Number 15-cv-00035-JPG-PMF) to Magistrate Judge Wilkerson. The Clerk of Court is also DIRECTED to file a copy of this Order in both cases and send a copy of this Order to the Plaintiffs and counsel for Plaintiff Haywood. Signed by Judge J. Phil Gilbert on 3/16/2015. (jdh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS SEYON HAYWOOD, ) ) Plaintiff, ) ) vs. ) ) S A GODINEZ, et al., ) ) Defendants. ) ) ___________________________________ ) ) LAMONT NORWOOD, ) ) Plaintiff, ) ) vs. ) ) S A GODINEZ, et al., ) ) Defendants. ) Case No. 14-cv-01027-JPG-DGW Consolidated with: Case No. 15-cv-00035-JPG-PMF MEMORANDUM AND ORDER This matter comes before the Court for case management purposes. Pursuant to Federal Rule of Civil Procedure 42(a) the Court has discretion to consolidate actions that involve a common question of law or fact. Star Ins. Co. v. Risk Marketing Group Inc., 561 F.3d 656, 660 (7th Cir. 2099). Haywood v. Godinez, (Case Number 14-cv-1027-JPG-DGW) and Lamont Norwood v. Godinez, (Case Number 15-cv-00035-JPG-PMF) both involve common questions of law and fact, namely, the reduction to two meals a day at the Pinckneyville Correctional Center. Accordingly, for the purposes of discovery and trial, the Court hereby CONSOLIDATES Haywood v. Godinez, (Case Number 14-cv-1027-JPG-DGW) with Norwood v. Godinez, (Case Number 15-cv-00035-JPG-PMF). All future filing shall bear the consolidated caption used in this order and shall be filed only in Haywood v. Godinez, (Case Number 14-cv- 1027-JPG-DGW). The Court will strike any filings in Case Number 15-cv-00035-JPG-PMF subsequent to this order. Further, due to the consolidation, Norwood v. Godinez, (Case Number 15-cv-00035-JPG-PMF) is reassigned from Magistrate Judge Frazier to Magistrate Judge Wilkerson. Counsel has been appointed for plaintiff in Haywood v. Godinez, and he shall be notified of the consolidation. At this time, Plaintiff Norwood’s Motions for Recruitment of Counsel (Doc. 3), Motion for Class Action Certification (Doc. 6), and Motion for Recruitment of Counsel (Doc. 19) filed in Norwood v. Godinez, (Case Number 15-cv-00035-JPG-PMF) are DENIED without prejudice. Plaintiff can refile, if necessary, after a ruling on the Motion for Class Action currently pending in the Haywood matter. Based on the above, Plaintiff Norwood’s Motions for Recruitment of Counsel (Doc. 3), Motion for Class Action Certification (Doc. 6), and Motion for Recruitment of Counsel (Doc. 19) filed in Norwood v. Godinez, (Case Number 15-cv-00035-JPG-PMF) are DENIED without prejudice. The Clerk of Court is DIRECTED to CONSOLIDATE these cases and to REASSIGN Norwood v. Godinez, (Case Number 15-cv-00035-JPG-PMF) to Magistrate Judge Wilkerson. The Clerk of Court is also DIRECTED to file a copy of this Order in both cases and send a copy of this Order to the Plaintiffs and counsel for Plaintiff Haywood. IT IS SO ORDERED. DATED: 3/16/2015 s/J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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