Simler et al v. Dubuque Paint Equipment Services, Inc. et al

Filing 35

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Motion to Consolidate filed by Linda J. Gartner (Doc. 33 ) is GRANTED, in part and DENIED, in part. Case No. 2:17-cv-00059-NAB is consolidated with the above-captioned case. Case No. 2:17-cv-0 0059-NAB shall be reassigned to the undersigned United States Magistrate Judge. IT IS FURTHER ORDERED that the Clerk of Court is directed to issue Notice Regarding Magistrate Judge Jurisdiction forms to the parties in that case once it reassigned to Magistrate Judge Collins and bears Case No. 2:17-cv-00059-NCC. The Parties have twenty-one days from the date of this Order to file their Notice Regarding Magistrate Judge Jurisdiction forms in Case No. 2:17-cv-00059-NCC. Failure to file these f orms in Case No. 2:17-cv-00059-NCC may result in the reassignment of the consolidated cases. Thereafter, all future filings shall be made in this case and shall contain the Case No. 2:17-cv-00030-NCC. A copy of this Order shall be filed in Case No. 2:17-cv-00059-NAB. Signed by Magistrate Judge Noelle C. Collins on September 1, 2017. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KELLY SIMLER and SCOTT SIMLER,
Plaintiffs,
v.
DUBUQUE PAINT EQUIPMENT
SERVICES, INC., KIM A. ROSS,
ROY G BRICE, KLLM
TRANSPORTATION SERVICES, INC.,
FFE TRANSPORT SERVICES, INC., and
LIBERTY MUTUAL INSURANCE
COMPANY,
Defendants.

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No. 2:17-cv-00030-NCC

MEMORANDUM AND ORDER
This matter is before the Court on the Motion to Consolidate filed by Linda J. Gartner
(Doc. 33). Ms. Gartner seeks to consolidate her case, Case No. 4:17-CV-2158-NAB, with the
above-captioned case (Id.). No responses to the Motion have been filed within the time allotted
by the Court’s August 21, 2017 Order (Doc. 34). The Parties in the above-captioned case have
consented to the jurisdiction of the undersigned United States Magistrate Judge (Doc. 24). Since
the filing of Ms. Gartner’s Motion, her case has been properly transferred to the Northern
Division and has been assigned Case No. 2:17-cv-00059-NAB. See E.D. Mo. L.R. 2.07. The
Court will therefore construe the Motion to apply to her Northern Division case. Because the
Court finds that the actions involve common questions of law and fact, the Court will grant Ms.
Gartner’s Motion, in part. To the extent Ms. Gartner requests consolidation for the purpose of
pretrial discovery matters only, the Court will deny the Motion because the Court finds that
judicial efficiency will not be served by returning Ms. Gartner’s case to Judge Baker once it is
ready for trial.

Accordingly,
IT IS HEREBY ORDERED that the Motion to Consolidate filed by Linda J. Gartner
(Doc. 33) is GRANTED, in part and DENIED, in part. Case No. 2:17-cv-00059-NAB is
consolidated with the above-captioned case. Case No. 2:17-cv-00059-NAB shall be reassigned
to the undersigned United States Magistrate Judge.
IT IS FURTHER ORDERED that the Clerk of Court is directed to issue Notice
Regarding Magistrate Judge Jurisdiction forms to the parties in that case once it reassigned to
Magistrate Judge Collins and bears Case No. 2:17-cv-00059-NCC. The Parties have twenty-one
days from the date of this Order to file their Notice Regarding Magistrate Judge Jurisdiction
forms in Case No. 2:17-cv-00059-NCC. Failure to file these forms in Case No. 2:17-cv-00059NCC may result in the reassignment of the consolidated cases. Thereafter, all future filings shall
be made in this case and shall contain the Case No. 2:17-cv-00030-NCC. A copy of this Order
shall be filed in Case No. 2:17-cv-00059-NAB.
IT IS FURTHER ORDERED that, in light of the current status of Case No. 2:17-cv00059-NCC, the Rule 16 Conference shall be set on further order of the Court when procedurally
appropriate.
Dated this 1st day of September, 2017.

/s/ Noelle C. Collins
NOELLE C. COLLINS
UNITED STATES MAGISTRATE JUDGE

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