Apsley et al v. Boeing Company, The et al

Filing 459

MEMORANDUM AND ORDER granting 453 Defendants' uncontested Motion to Sever Pro Se Plaintiffs. The Clerk shall assign new docket numbers to the individual lawsuits and copy the operative complaint and answers into those dockets. The pro se pla intiffs shall file amended complaints using their respective new case numbers by February 25, 2013. Failure to file an amended complaint by February 25, 2013 may result in dismissal of the pro se plaintiff's individual lawsuit without further notice. Signed by Magistrate Judge Karen M. Humphreys on 1/24/2013. Mailed to pro se party James Bowmaker, Henry Butler, David Clay, Throma Dyas, Sharon James, Warren Pyles, Darlene Rozar, James Walker and Roy 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 defendants’ motion to sever the remaining
individual ADEA disparate treatment claims of the pro se plaintiffs into nine separate
actions. (Doc. 453). No response in opposition has been filed; therefore, the motion is
uncontested pursuant to D. Kan. Rule 7.4. Equally important, Boeing asserts that the
circumstances concerning each pro se plaintiff’s remaining claims turn on individualized
factual determinations and that their claims should be severed and addressed separately.
Under the circumstances, defendants have shown good cause for severing the nine pro se
plaintiffs’ remaining individual claims and the motion shall be GRANTED.
IT IS THEREFORE ORDERED that defendants’ motion to sever the pro se
plaintiffs’ remaining individual ADEA claims (Doc. 453) is GRANTED. The Clerk shall
assign new docket numbers to the individual lawsuits of James Bowmaker, Henry Butler,
David Clay, Throma Dyas, Sharon James, Warren Pyles, Darlene Rozar, James Walker, and

Roy Wells and copy the operative complaint and answers (Docs. 241 and 244) into those
dockets.
IT IS FURTHER ORDERED that James Bowmaker, Henry Butler, David Clay,
Throma Dyas, Sharon James, Warren Pyles, Darlene Rozar, James Walker, and Roy Wells
shall file amended complaints using their respective new case numbers by February 25,
2013. No additional filing fee is required in connection with the severance of their claims
and assignment of new case numbers.1 Failure to file an amended complaint by February
25, 2013 may result in the dismissal of the pro se plaintiff’s individual lawsuit without
further notice.
IT IS SO ORDERED.
Dated at Wichita, Kansas this 24th 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. The pro se plaintiffs 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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