Carter v. City of Alton, et al

Filing 24

MEMORANDUM AND ORDER, granting 16 MOTION to Consolidate Cases filed by City of Alton, Michael Morelli. All future filings shall contain the caption in this order and shall be filed only in Crowder v. City of Alton, et al., Case No. 17-cv-896-JPG-SCW. The Court will strike any filings in Case No. 17-cv-897-JPG-SCW subsequent to this order. Signed by Judge J. Phil Gilbert on 10/13/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
AARON CROWDER,
Plaintiff,
v.

Case No. 3:17-cv-00896-JPG-SCW

CITY OF ALTON, MICHAEL MORELLI,
and JEFFREY HENDERSON,
Defendants.
CONSOLIDATED WITH
PEARL CARTER,
Plaintiff,
v.

Case No. 3:17-cv-00897-JPG-SCW

CITY OF ALTON, MICHAEL MORELLI,
and JEFFREY HENDERSON,
Defendants.
MEMORANDUM & ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on the City of Alton’s and Michael Morelli’s
motions to consolidate the case Crowder v. City of Alton, et al., Case No. 17-cv-896-JPG-SCW
with Carter v. City of Alton, et al., Case No. 17-cv-897-JPG-SCW. (Case No. 17-cv-896-JPGSCW, Doc. 17; Case No. 17-cv-897-JPG-SCW, Doc. 16.) Federal Rule of Civil Procedure 42(a)
gives the Court the discretion to consolidate cases that involve a common question of law or fact.
It is an abuse of discretion, however, to consolidate cases that—even though they involve claims
of the same nature—involve “different allegations and time frames.” See King v. General Elec.
Co., 960 F.2d 617, 626 (7th Cir. 1992). Moreover, consolidation under Rule 42(a) does not

merge two actions into one case. Cella v. Togum Constructeur Ensembleier en Industrie
Alimentaire, 173 F.3d 909, 912 (3d Cir. 1999) (citing Johnson v. Manhattan R. Co., 289 U.S.
479, 496–97 (1933)). On the contrary, each consolidated case retains its separate identity and
must have its own independent jurisdictional basis. Cella, 173 F.3d at 913.
Since both of these cases involve the same defendants, the same issues of fact and law,
and virtually identical complaints, the Court GRANTS the defendants’ motions to consolidate.
(Case No. 17-cv-896-JPG-SCW, Doc. 17; Case No. 17-cv-897-JPG-SCW, Doc. 16.)
Accordingly, for the purposes of discovery and trial, the Court hereby CONSOLIDATES
Crowder v. City of Alton, et al., Case No. 17-cv-896-JPG-SCW with Carter v. City of Alton, et
al., Case No. 17-cv-897-JPG-SCW. All future filings shall contain the caption in this order and
shall be filed only in Crowder v. City of Alton, et al., Case No. 17-cv-896-JPG-SCW. The Court
will strike any filings in Case No. 17-cv-897-JPG-SCW subsequent to this order.
The Clerk of Court is DIRECTED to CONSOLIDATE these cases and file a copy of
this order in each case.
IT IS SO ORDERED.
DATED: October 13, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE