Apsley et al v. Boeing Company, The et al

Filing 456

MEMORANDUM AND ORDER granting 441 Plaintiffs' Motion to Sever Housley and Smith's remaining individual ADEA claims. The Clerk shall assign new docket numbers to the individual lawsuits of Housley and Smith and copy the operative complain t and answers into those dockets. Housley and Smith shall file amended complaints using their respective new case numbers by 2/11/2013. No additional filing fee is required. Signed by Magistrate Judge Karen M. Humphreys on 1/10/2013. Mailed to pro se parties James Bowmaker, Henry F. Butler, David L. Clay, Throma A. Dyas, Sharron N. James, Warren Pyles, Darlene E. Rozar, James Walker, and Roy T. Wells by regular mail. (sj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

PERRY APSLEY, et al.,
Plaintiffs,
v.
THE BOEING COMPANY and SPIRIT
AEROSYSTEMS,
Defendants.

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Case No. 05-1368-EFM

MEMORANDUM AND ORDER
This matter is before the court on the joint motion of plaintiffs, Olivia J. Housley and
Debra L. Smith, and defendants to sever the two plaintiffs’ remaining individual claims into
two separate actions. (Doc. 441). This case was originally filed in December 2005. The
parties assert that the claims which Housley and Smith had in common with other plaintiffs
then have now been dismissed and that their remaining individual claims are factually
different from the remaining claims of the other 90 or so named plaintiffs in this case.
Equally important, Housley and Smith are now represented by new counsel and they prefer
to litigate their individual ADEA claims separately from the claims of the other named
plaintiffs. The court is satisfied that the parties have shown good cause for severing Housley
and Smith’s remaining individual claims and the motion shall be GRANTED.

IT IS THEREFORE ORDERED that the parties’ joint motion to sever Housley and

Smith’s remaining individual ADEA claims (Doc. 441) is GRANTED. The Clerk shall
assign new docket numbers to the individual lawsuits of Housley and Smith and copy the
operative complaint and answers (Docs. 241 and 244) into those dockets.
IT IS FURTHER ORDERED that Housley and Smith shall file amended complaints
using their respective new case numbers by February 11, 2013. No additional filing fee is
required in connection with the severance of their claims and assignment of new case
numbers.1
IT IS SO ORDERED.
Dated at Wichita, Kansas this 10th day of January 2013.

S/ Karen M. Humphreys
_________________________
KAREN M. HUMPHREYS
United States Magistrate Judge

1

Plaintiffs timely paid the initial filing fee when this case was originally filed in
December 2005 and there is no suggestion that there was a misjoinder of claims when the
case was originally filed. Given the passage of time and numerous rulings concerning
pretrial matters and the merits of various claims, the court is not persuaded that additional
“filing” fees should be imposed at this time. Housley and Smith are not instituting a
“new” civil action, suit, or proceeding in this district. Cf. 28 U.S.C. 1914. Instead, the
court is severing the parties “on just terms” as set forth in Fed. R. Civ. P. 21.
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