Townson v. Huynh

Filing 26

ORDER granting 24 Motion to Consolidate Cases. Signed by Magistrate Judge James P. O'Hara on 1/7/2019. (ydm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
SHERYL L. TOWNSON,

)
)
Plaintiff,
)
)
v.
)
)
KAHN T. HUYNH,
)
)
Defendant.
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______________________________________ )
)
SHERYL L. TOWNSON,
)
)
Plaintiff,
)
)
v.
)
)
KHAHN T. HUYNH,
)
)
Defendant.
)
______________________________________ )

CONSOLIDATED CASES

Case No. 18-2151-JWL

Case No. 18-2645-JWL

ORDER
On January 4, 2019, the defendant in these two actions, Kahn T. Huynh,1 filed, in
each action, a motion to consolidate the actions for all purposes, including for discovery

Defendant’s first name is spelled differently in the caption of the two cases.
Plaintiff should take steps to correct whichever spelling is erroneous.
1

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and trial. The plaintiff in the actions, Sheryl L. Townson, has informed the court she does
not oppose the motions.
Under Fed. R. Civ. P. 42(a), a court may consolidate or join for trial or hearing “any
or all the matters at issue in the actions” if the actions involve a “common question of law
or fact.” The decision whether to consolidate such actions is left to the sound discretion of
the trial court.2 In exercising its discretion, the court should take into consideration whether
judicial efficiency is best served by consolidation.3
Case Nos. 18-2151 and 18-2645 clearly involve common questions of law and fact.
The cases arise from the same nucleus of facts, namely, medical care provided to Shawn
Erik Townson. Both assert claims of medical negligence. Counsel for the parties are the
same in both actions. Judicial efficiency would be best served by consolidation of these
cases for all purposes.
IT IS THEREFORE ORDERED that the motions to consolidate are granted. Case
No. 18-2645 shall be consolidated for all purposes with Case No. 18-2151. The Clerk is
directed to reassign Case No. 18-2645 to John W. Lungstrum, U.S. District Judge, and
Gwynne E. Birzer, U.S. Magistrate Judge. Case No. 18-2151 shall be designated as the

2

Ryan Transp. Servs., Inc. v. Fleet Logistics, L.L.C., No. Civ. A. 04-2445-CM,
2005 WL 2293598, at *3 (D. Kan. Sept. 19, 2005) (citing Shump v. Balka, 574 F.2d 1341,
1344 (10th Cir. 1978)).
3

C.T. v. Liberal Sch. Dist., 562 F. Supp. 2d 1324, 1346 (D. Kan. 2008).
2

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lead case. All future pleadings shall bear the consolidated caption on this order and shall
be filed in only the lead case.
Dated January 7, 2019, at Kansas City, Kansas.
s/ James P. O=Hara
James P. O=Hara
U.S. Magistrate Judge

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