Kiewit Infrastructure Co. v. Madison County Flood Prevention District et al

Filing 26

MEMORANDUM AND ORDER, for the purposes of discovery and trial, the Court herebyCONSOLIDATES Southwestern v. Kiewit, (Case Number 15-cv-00680-JPG-DGW) and Kiewit v. Madison County Flood, et al., (Case Number 15-cv-00581-JPG-DGW). All future filing sha ll bear the consolidated caption used in this order and shall be filed ONLY in Kiewit v. Madison County Flood, et al.(Case Number 15-cv-00581-JPG-DGW). The Court will strike any filings in Case Number 15-cv-00680-JPG-DGW subsequent to this order. Signed by Judge J. Phil Gilbert on 8/18/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KIEWIT INFRASTRUCTURE CO.,

)
)
Plaintiff,
)
)
vs.
)
)
Madison County Flood Prevention
)
District et al.,
)
)
Defendants.
)
)
___________________________________ )
)
SOUTHWESTERN ILLINOIS FLOOD
)
PREVENTION DISTRICT COUNCIL,
)
)
Plaintiff,
)
)
vs.
)
)
KIEWIT INFRASTRUCTURE CO.,
)
)
Defendant/Counter Claimant,
)
)
vs.
)
)
SOUTHWESTERN ILLINOIS FLOOD
)
PREVENTION DISTRICT COUNCIL,
)
)
Counter Defendant.
)

Case No. 15-cv-00581-JPG-DGW

Consolidated with:

Case No. 15-cv-00680-JPG-DGW

MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff Southwestern Illinois Flood Prevention
District Council’s (hereafter “Southwestern”) Motion (Doc. 13, 15-cv-00680) to Consolidate;
Plaintiff Kiewit Infrastructure Co.’s Motion (Doc. 13, 15-cv-00581) to Consolidate; and
Defendants Madison County Flood Prevention District, Monroe County Flood Prevention
District, St. Clair County Flood Prevention District, and Southwestern’s Motion (Doc. 19, 15-cv-

00581) to Dismiss or Consolidate. All motions and responses were timely filed.
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). Southwester v. Kiewit, (Case Number 15-cv-00680-JPGDGW) and Kiewit v. Madison County Flood, et al., (Case Number 15-cv-00581-JPG-DGW) both
involve common questions of law and fact, namely, issues regarding the contract entered into by
the parties on September 23, 2014 with regard to a project referred to as the Levee Certification
Design Project.
Therefore, the Court GRANTS Plaintiff Southwestern Illinois Flood Prevention District
Council’s (hereafter “Southwestern”) Motion (Doc. 13, 15-cv-00680) to Consolidate; Plaintiff
Kiewit Infrastructure Co.’s Motion (Doc. 13, 15-cv-00581) to Consolidate; and that portion of
Defendants Madison County Flood Prevention District, Monroe County Flood Prevention
District, St. Clair County Flood Prevention District, and Southwestern’s Motion (Doc. 19, 15-cv00581) to Dismiss or Consolidate with regard to consolidation. That portion of Southwestern’s
Motion (Doc. 19, 15-cv-00581) to Dismiss or Consolidate with regard to dismissal pursuant to
Federal Rules of Civil Procedure 13(a) is DENIED without prejudice.
Accordingly,

for

the

purposes

of

discovery

and

trial,

the

Court

hereby

CONSOLIDATES Southwester v. Kiewit, (Case Number 15-cv-00680-JPG-DGW) and Kiewit
v. Madison County Flood, et al., (Case Number 15-cv-00581-JPG-DGW). All future filing shall
bear the consolidated caption used in this order and shall be filed ONLY in Kiewit v. Madison
County Flood, et al.,, (Case Number 15-cv-00581-JPG-DGW). The Court will strike any filings
in Case Number 15-cv-00680-JPG-DGW subsequent to this order.

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: 8/18/2015
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE