Lopez v. United States of America et al

Filing 20

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that defendant's motion to consolidate [Doc#16] is granted. IT IS FURTHER ORDERED that Shea Pyron v. United States, No. 4:11-CV-1387 (CEJ) is consolidated with Manny Lopez v. United States and Shea Pyron , No. 4:11-CV-891 (CEJ). IT IS FURTHER ORDERED that, henceforth, all pleadings and other documents in this matter shall be filed in Manny Lopez v. United States and Shea Pyron, No. 4:11-CV-891 (CEJ). 16 Signed by Honorable Carol E. Jackson on 1/11/12. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MANNY LOPEZ,
Plaintiff,
vs.
UNITED STATES OF AMERICA and
SHEA PYRON,
Defendants.

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Case No. 4:11-CV-891 (CEJ)

--------------------------------------------------------------------------------------------SHEA PYRON,
Plaintiff,
vs.
UNITED STATES OF AMERICA,
Defendant.

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Case No. 4:11-CV-1387 (CEJ)

MEMORANDUM AND ORDER
This matter is before the Court on the motion of defendant United States to
consolidate.

Plaintiff Manny Lopez has filed a response in which he consents to

consolidation for discovery but opposes consolidation for trial.
Plaintiff Lopez filed suit against the United States and Shea Pyron for injuries he
sustained when a vehicle driven by Pyron in which he was a passenger was struck by
a United States Postal Service truck. Lopez asserts a claim under the Federal Tort
Claims Act (FTCA), 28 U.S.C. §§ 2671 et seq., against the United States and a statelaw negligence claim against Pyron. Pyron has also brought a separate FTCA action
against the United States arising from the same accident.

Rule 42(a), Fed. R. Civ. P., provides that a court may consolidate actions
involving common questions of law or fact. It is undisputed that the two lawsuits here
involve common questions of law and fact. However, Lopez objects to consolidation
of the cases for trial because his damages are “wholly distinct and separate from”
Pyron’s damages. (Doc. #17, p. 2). The fact that Lopez and Pyron suffered different
injuries is not a sufficient reason to deny consolidation of the cases for trial. There is
no reason to believe that the trier of fact will be unable to distinguish between the
damages claimed by each plaintiff. The Court finds that consolidation is in the interest
of judicial economy and would not result in any prejudice to the plaintiffs.
Accordingly,
IT IS HEREBY ORDERED that defendant’s motion to consolidate [Doc#16] is
granted.
IT IS FURTHER ORDERED that Shea Pyron v. United States, No. 4:11-CV1387 (CEJ) is consolidated with Manny Lopez v. United States and Shea Pyron, No.
4:11-CV-891 (CEJ).
IT IS FURTHER ORDERED that, henceforth, all pleadings and other
documents in this matter shall be filed in Manny Lopez v. United States and Shea
Pyron, No. 4:11-CV-891 (CEJ).

___________________________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 11th day of January, 2012.

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