Boswell v. Miles et al

Filing 13

MEMORANDUM AND ORDER, granting 6 MOTION to Consolidate Cases filed by Michael Miles, Gibco Motor Express, LLC. Signed by Judge J. Phil Gilbert on 6/10/2015. (jdh)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DOVIE BOSWELL, ) ) Plaintiff, ) ) vs. ) ) MICHAEL MILES and, ) GIBCO MOTOR EXPRESS LLC, ) ) Defendants. ) ) ___________________________________ ) ) ADA BAKER, ) ) Plaintiff, ) ) vs. ) ) MICHAEL MILES and, ) GIBCO MOTOR EXPRESS LLC, ) ) Defendants. ) _______________________ ) ) DOVIE BOSWELL, as next friend and ) Mother of Devin Young, a minor, ) ) Plaintiff, ) ) vs. ) ) MICHAEL MILES and, ) GIBCO MOTOR EXPRESS LLC, ) ) Defendants. ) Case No. 15-cv-00405-JPG-DGW Consolidated with: Case No. 15-cv-00406-JPG-DGW Consolidated with: Case No. 15-cv-00407-JPG-DGW MEMORANDUM AND ORDER This matter is before the Court on Defendants’ Motion to Consolidate Causes of Action (Doc. 6, 15-CV-407). 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). Boswell v. Miles, (Case Number 15cv-407-JPG-DGW); Baker v. Miles, (Case Number 15-cv-00406-JPG-DGW); and Boswell v. Miles, (Case Number 15-cv-00405-JPG-DGW) all involve common questions of law and fact, namely, the accident which occurred on February 8, 2013, on Interstate 55/70 in Illinois. Accordingly, for the purposes of discovery and trial, the Court hereby GRANTS Defendants’ Motion to Consolidate (Doc. 6). The Clerk of Court is DIRECTED to CONSOLIDATE Boswell v. Miles, (Case Number 15-cv-407-JPG-DGW); Baker v. Miles, (Case Number 15-cv-00406-JPG-DGW); and Boswell v. Miles, (Case Number 15-cv-00405JPG-DGW). All future filing shall bear the consolidated caption used in this order and shall be filed only in Boswell v. Miles, (Case Number 15-cv-405-JPG-DGW). The Court will strike any filings in Case Number 15-cv-00407-JPG-DGW and Case Number 15-cv-00406-JPG-DGW subsequent to this order. The Clerk of Court is further DIRECTED to file a copy of this order in each case. IT IS SO ORDERED. DATED: 6/10/2015 s/J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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