Oszust v. St. John Metropolitan Police Board of Commissioners Town of

Filing 63

OPINION AND ORDER: GRANTING 45 MOTION to Consolidate Cases by Defendant St John Town of and ORDERING consolidation of cause numbers 2:15-CV-339-JVB-PRC and 2:16-CV-22-PPS-PRC. *ALL FUTURE FILINGS SHALL BE MADE IN 2:15-CV-339-JVB-PRC ONLY* Signed by Magistrate Judge Paul R Cherry on 2/29/2016. (lhc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
DAVID OSZUST
Plaintiff,
v.
TOWN OF ST. JOHN, FRED FREGO, and
JAMES TURTURILLO,
Defendants.

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) CAUSE NO.: 2:15-CV-339-JVB-PRC
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OPINION AND ORDER
This matter is before the Court on Defendant Town of St. John’s Motion to Consolidate [DE
45], filed on January 22, 2016. Defendant requests that this matter be consolidated with David
Oszust and Thomas Parada v. Town of St. John, Cause Number 2:16-CV-22-PPS-PRC . No response
has been filed, and the time to do so has passed. On January 22, 2016, Defendant Town of St. John
filed a Notice of Motion to Consolidate in Cause Number 2:16-CV-22-PPS-PRC.
Federal Rule of Civil Procedure 42(a) provides that, “[i]f actions before the court involve
a common question of law or fact, the court may . . . consolidate the actions.” Fed. R. Civ. P.
42(a)(2). Consolidation is appropriate for “cases that share the same questions of law or fact and
where consolidation would not result in prejudice to any party.” Back v. Bayh, 933 F. Supp. 738, 748
(N.D. Ind. 1996) (citing Fleishman v. Prudential-Bache Sec., 103 F.R.D. 623, 624 (E.D. Wis.
1984)). Courts “consider such factors as judicial economy, avoiding delay, and avoiding inconsistent
or conflicting results” as well as “as the possibility of juror confusion or administrative difficulties.”
Habitat Educ. Ctr., Inc. v. Kimbell, 250 F.R.D. 390, 394 (E.D. Wis. 2008). Consolidation “is a
matter committed to the sound discretion of the trial judge.” Canedy v. Boardman, 16 F.3d 183, 185
(7th Cir. 1994).

The instant lawsuit was filed in this Court on January 1, 2016. Plaintiff seeks monetary,
injunctive, and declaratory relief regarding the alleged violation of his Fifth Amendment rights when
an order by the Town of St. John Board of Metropolitan Police Commissioners was made
compelling him to sign medical authorizations. Those authorizations were part of a disciplinary
proceeding currently pending against Plaintiff and brought by then-Chief of Police, Defendant Fred
Frego. Plaintiff also seeks compensatory damages based on allegations that the disciplinary
proceedings are in retaliation for protected activity.
On October 29, 2015, Plaintiff filed a Complaint against the Town of St. John in Lake
Superior Court under Cause No. 45D01-1509-PL0092 and subsequently filed a First Amended
Complaint containing allegations that the disciplinary hearing pending against Plaintiff was not
properly held in a forum open to the public but was instead held in a closed executive session in
violation of Indiana law. Because the First Amended Complaint also alleged violations of the First
Amendment, Defendant Town of St. John removed the matter to this Court on January 12, 2016,
which is now pending as Cause Number 2:16-CV-22-PPS-PRC.
Both lawsuits are related to the disciplinary action pending against Plaintiff. Having
reviewed the Complaints, the Court finds that there are at least some common issues of fact, if not
also common issues of law, arising from the two cases. There is a risk to the parties of prejudice and
possible confusion if the cases are not consolidated, and no party has claimed prejudice as a result
of consolidation. In fact, no objection has been filed to this motion. The resolution of these cases as
one matter will avoid separate determination of overlapping factual and legal issues. Consolidation
will also reduce the burden placed on witnesses, parties, and judicial resources.

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Accordingly, in the interest of judicial economy, the Court hereby GRANTS Defendant
Town of St. John’s Motion to Consolidate [DE 45] and ORDERS consolidation of cause numbers
2:15-CV-339-JVB-PRC and 2:16-CV-22-PPS-PRC.
All future filings shall be made in 2:15-CV-339-JVB-PRC only.
SO ORDERED this 29th day of February, 2016.

s/ Paul R. Cherry
MAGISTRATE JUDGE PAUL R. CHERRY
UNITED STATES DISTRICT COURT

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