Mitchell v. Shawnee Medical Staff et al

Filing 45

MEMORANDUM AND ORDER, The Court GRANTS the motion to consolidate (Doc. 32 in No. 18-cv-1026-JPG-GCS), CONSOLIDATES Mitchell v. Wexford Corporation, No. 18- cv-1026-JPG-GCS into Mitchell v. Shawnee Medical Staff, No. 18-cv-566-JPG-RJD, ORDERS that a ll future filings shall bear the consolidated caption used in this order and shall be filed only in Mitchell v. Shawnee Medical Staff, No. 18-cv-566-JPG-RJD and DIRECTS the Clerk of Court to reassign Magistrate Judge Reona J. Daly as the magistrate judge in Mitchell v. Wexford Corporation, No. 18-cv-1026-JPG-GCS. Signed by Judge J. Phil Gilbert on 3/5/2019. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ERIC DANE MITCHELL,
Plaintiff,
v.

Case No. 18-cv-566-JPG-RJD

SHAWNEE MEDICAL STAFF and
CAROLE AGUILAR,
Defendants.
consolidated with
ERIC DANE MITCHELL,
Plaintiff,
v.

Case No. 18-cv-1026-JPG-RJD

WEXFORD CORPORATION and CARROL
AGULIER,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the motion of the defendants in Mitchell v.
Wexford Corporation, No. 18-cv-1026-JPG-GCS, to consolidate this case with Mitchell v.
Shawnee Medical Staff, No. 18-cv-566-JPG-RJD (Doc. 32 in No. 18-cv-1026-JPG-GCS). It
appears that both cases name Carole Aguilar (spelled differently in each case) as a defendant and
allege the same instance of deliberate indifference to plaintiff Eric Dane Mitchell’s medical
needs in November 2017.
Rule 42(a) allows the Court discretion to consolidate cases that involve a common
question of law or fact. This case clearly involves common—in fact, likely identical—questions
of law and fact. In the absence of any compelling reason not to consolidate these cases, the

Court:
•

GRANTS the motion to consolidate (Doc. 32 in No. 18-cv-1026-JPG-GCS);

•

CONSOLIDATES Mitchell v. Wexford Corporation, No. 18-cv-1026-JPG-GCS into
Mitchell v. Shawnee Medical Staff, No. 18-cv-566-JPG-RJD;

•

ORDERS that all future filings shall bear the consolidated caption used in this order and
shall be filed only in Mitchell v. Shawnee Medical Staff, No. 18-cv-566-JPG-RJD; and

•

DIRECTS the Clerk of Court to reassign Magistrate Judge Reona J. Daly as the
magistrate judge in Mitchell v. Wexford Corporation, No. 18-cv-1026-JPG-GCS.

IT IS SO ORDERED.
DATED: March 5, 2019
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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