Waterman v. Cherokee County Jail et al

Filing 356

MEMORANDUM AND ORDER denying 352 Mr. Shaw's motion to join. Signed by District Judge John W. Broomes on December 1, 2022. Mailed to pro se parties Brian Michael Waterman and Robert M. Shaw by regular mail. (mls)

Case 5:18-cv-03092-JWB Document 356 Filed 12/01/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

BRIAN MICHAEL WATERMAN,
Plaintiff,
v.

Case No. 18-3092-JWB-KGG (Lead Case)
& No. 18-3135-JWB-KGG

MICHELLE TIPPIE, et al.,
Defendants.
MEMORANDUM AND ORDER
This case comes before the court on Robert M. Shaw’s motion to join. (Doc. 352.) For
the reasons stated herein, Mr. Shaw’s motion is DENIED.
I.

Background

These two cases were filed by Plaintiff, pro se, in 2018 and later consolidated for judicial
efficiency.1 The complaints are brought under 42 U.S.C. § 1983 alleging various constitutional
violations by persons connected with the Cherokee County Jail, in which Plaintiff was confined
pending a criminal trial. Magistrate Judge Gale entered the pretrial order in this case on August
31, 2022. (Doc. 339.) The trial date will be set after ruling on the dispositive motion filed by
Defendants. (Id. at 21.) This case is finally at the dispositive motions phase after proceeding for
nearly five years.
Mr. Shaw moves to join the case “as a class” and seems to believe his status as a pro se
litigant sufficiently connects him to Plaintiff to join this case. (Doc. 352 at 2.) Mr. Shaw’s claim

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The court dismissed some of the claims in both No. 18-3092 and No. 18-3135 before consolidating the remaining
claims in both cases and designating No. 18-3092 as the lead case moving forward. See No. 18-3092, Doc. 63, and
No. 18-3135, Doc. 150.

Case 5:18-cv-03092-JWB Document 356 Filed 12/01/22 Page 2 of 3

or claims are related to advertisements by a realtor and perhaps a contract with the realtor to sell
his home. (Id. at 1.) He also expresses frustrations with the realtor, a service processing company,
the Cherokee County District Court, the Cherokee County Sheriff, and the Cherokee County
District Attorney. (Id. at 1–2.)
II.

Standard

Permissive joinder of plaintiffs is governed by Fed. R. Civ. P. 20(a)(1). For plaintiffs to
join in a case, they must assert rights “with respect to or arising out of the same transaction,
occurrence, or series of transactions or occurrences” and there must be a common question of law
or fact shared by the plaintiffs. Fed. R. Civ. P. 20(a)(1). “While joinder is encouraged for purposes
of judicial economy, the ‘Federal Rules do not contemplate joinder of different actions against
different parties which present entirely different factual and legal issues.’” Golston v. Correct
Care Solutions, Case No. 12-3046-SAC, 2012 WL 2119983, at *3 (D. Kan. June 11, 2012)
(quoting Zhu v. Countrywide Realty Co., Inc., 160 F.Supp.2d 1210, 1225 (D. Kan. 2001)).
III.

Analysis

Here, Plaintiff’s claims against Defendants relate to constitutional violations he believes
he has suffered while in custody. Mr. Shaw purports to present a claim or claims against entirely
different defendants related to a realtor’s advertisement or a contract with a realtor to sell his home.
These claims do not arise out of the same transaction or occurrence, nor do they share a common
question or law or fact. Mr. Shaw is not a proper party to join this case.
IV.

Conclusion

For the reasons stated herein, Mr. Shaw’s motion to join (Doc. 352) is DENIED.

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Case 5:18-cv-03092-JWB Document 356 Filed 12/01/22 Page 3 of 3

IT IS SO ORDERED this 1st day of December, 2022.

__s/ John W. Broomes____________
JOHN W. BROOMES
UNITED STATES DISTRICT JUDGE

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