Brown v. Gephart

Filing 29

MEMORANDUM AND ORDER, granting 25 MOTION to Consolidate Cases filed by John D. Brown and 26 Joint MOTION to Consolidate Cases filed by Alan Gephart. The Court denies 24 MOTION to Copy filed by John D. Brown.The Clerk of Court is DIRECTED to CONSOLIDATE these cases and to file a copy of this Order in both cases. All future filing shall bear the consolidated caption used in this order and shall be filed ONLY in Brown v. Illinois Dept. of Corrections, et al., 13-cv-00659-JPG-PMF. Signed by Judge J. Phil Gilbert on 12/15/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOHN D. BROWN,

)
)
Plaintiff,
)
)
vs.
)
)
ILLINOIS DEPARTMENT
)
OF CORRECTIONS, et al.,
)
)
Defendants.
)
)
___________________________________ )
)
JOHN D. BROWN,
)
)
Plaintiff,
)
)
vs.
)
)
ALAN GEPHART,
)
)
Defendant,
)
)

Case No. 13-cv-00659-JPG-PMF

Consolidated with:

Case No. 14-cv-01372-JPG-PMF

MEMORANDUM AND ORDER
This matter comes before the Court on Joint Motion to Consolidate (Doc. 83, 13-cv00659); Plaintiff’s Motion to Consolidate (Doc. 25, 14-cv-1372); and Joint Motion to
Consolidate (Doc. 26, 14-cv-1372).
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. In these cases, there is only one plaintiff
and one remaining defendant. Both involve the same allegations of retaliation at the same
location and as such, involve common questions of law and fact.
Therefore, the Court GRANTS the Joint Motion to Consolidate (Doc. 83, 13-cv-00659);
Plaintiff’s Motion to Consolidate (Doc. 25, 14-cv-1372); and Joint Motion to Consolidate (Doc.

26, 14-cv-1372).
Accordingly,

for

the

purposes

of

discovery

and

trial,

the

Court

hereby

CONSOLIDATES Brown v. Illinois Dept. of Corrections, et al., 13-cv-00659-JPG-PMF with
Brown v. Gephart, 14-cv-1372-JPG-PMF. All future filing shall bear the consolidated caption
used in this order and shall be filed ONLY in Brown v. Illinois Dept. of Corrections, et al., 13cv-00659-JPG-PMF.

The Court will strike any filings in the case Brown v. Gephart, 14-cv-

1372-JPG-PMF subsequent to this order.
The Court also notes there is a pending Plaintiff’s Motion (Doc. 24, 14-cv-1372) for OneTime Copy of Plaintiff’s Initial Complaint and all other Documents and Court Orders
Responsive to Case 14-cv-1372. The motion includes a request to extend discovery deadline.
Plaintiff filed his motion while still in a pro se status and he is now represented by counsel.
Counsel will have access to both cases based on the granting of the consolidation request and can
also make a request to extend any deadlines as necessary. As such, Plaintiff’s Motion (Doc. 24,
14-cv-1372) for One-Time Copy of Plaintiff’s Initial Complaint and all other Documents and
Court Orders Responsive to Case 14-cv-1372 is DENIED.
As stated above, the Court GRANTS the Joint Motion to Consolidate (Doc. 83, 13-cv00659); Plaintiff’s Motion to Consolidate (Doc. 25, 14-cv-1372); and Joint Motion to
Consolidate (Doc. 26, 14-cv-1372).

The Clerk of Court is DIRECTED to CONSOLIDATE

these cases and to file a copy of this Order in both cases.
IT IS SO ORDERED.
DATED: 12/15/2015
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE