Fowler v. Thomas Nelson Publishing

Filing 14

ORDER in case 2:08-cv-12572-JAC-MKM; granting (4) Motion to Consolidate Cases in case 2:08-cv-12889-JAC-MKM. Signed by District Judge Julian Abele Cook. Associated Cases: 2:08-cv-12889-JAC-MKM, 2:08-cv-12572-JAC-MKM (DHam)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

BRADLEY L. FOWLER, Plaintiff, v. ZONDERVAN PUBLISHING CORP., LLC, Defendant. ORDER This is a case in which the Plaintiff, Bradley L. Fowler, contends that the Defendant, Zondervan Publishing Corp., LLC ("Zondervan Publishing"), caused harm to him when it included the word "homosexual" in its published versions of the Bible. On July 29, 2008, Zondervan Publishing submitted a motion to the Court, seeking to have this case consolidated with Fowler v. Thomas Nelson Publishing, Case No. 08-12572, which was filed on June 17, 2008.1 The Federal Rules of Civil Procedure allow for the consolidation of cases if there are "common question[s] of law or fact" and in those instances wherein such an action by a court would avoid an unnecessary delay and an expenditure of costs. Fed. R. Civ. P. 42(a). Following its examination of the official records of these two cases, the Court concludes that they contain a common set of facts and questions of law. Accordingly, the motion by Case number 08-12889 Honorable Julian Abele Cook, Jr.

Zondervan Publishing also requests that this case (Case No. 08-12889) be transferred from the case docket of Judge Anna Diggs Taylor to this Court pursuant to E.D. Mich. LR 83.11. However, this request is now moot inasmuch as Judge Taylor entered an order of reassignment on July 31, 2008 which transferred the Fowler case to this Court.

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Zondervan Publishing to consolidate this case with Fowler v. Thomas Nelson Publishing, Case No. 08-12572 is granted. All future documents shall be filed in Case No. 08-12572.

IT IS SO ORDERED.

Dated: September 17, 2008 Detroit, Michigan

s/ Julian Abele Cook, Jr. JULIAN ABELE COOK, JR. United States District Court Judge

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their respective email addresses or First Class U.S. mail to the non-ECF participants on September 17, 2008. s/ Kay Doaks Case Manager