Scott, Sr. v. Pruco Life Insurance Company

Filing 10

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Plaintiff Pruco Life Insurance Company's Motion to Consolidate Actions and to Dismiss the Removed Action [ECF No. 15 in 4:13CV02068 ERW] is GRANTED, in part and DENIED, in p art. IT IS FURTHER ORDERED that this case shall be CONSOLIDATED with Scott v. Pruco Life Insurance Company, 4:14CV00025 CEJ, under Case No. 4:13CV02068 ERW. IT IS FURTHER ORDERED that Plaintiff's Motion for dismissal of the claims pending in C ase No. 4:14CV00025 CEJ is DENIED, with leave to refile for dismissal post-consolidation. IT IS FURTHER ORDERED that the Hearing [See ECF No. 7 in Case No. 4:14CV00025 CEJ] on this Motion, scheduled for February 12, 2014, at 10:00 a.m., is VACATED. Signed by District Judge E. Richard Webber on 02/06/2014. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PRUCO LIFE INSURANCE
COMPANY,
Plaintiff,
v.
LORETTA SCOTT,
Defendant.

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No. 4:13CV02068 ERW

MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff Pruco Life Insurance Company’s Motion
to Consolidate Actions and to Dismiss the Removed Action [ECF No. 15]. Plaintiff seeks to
consolidate this case with Scott v. Pruco Life Insurance Company, 4:14CV00025 CEJ, currently
pending before the Honorable Carol E. Jackson, after removal from state court. Plaintiff also
seeks, in this Court, dismissal of the removed claims brought before Judge Jackson.
Under Federal Rule of Civil Procedure 42, the Court may consolidate actions involving
common questions of law or fact. The Court has examined the claims brought in both cases, and
finds they involve similar transactions, factual bases, and legal issues. The Court will, therefore,
grant Plaintiff’s Motion to the extent it seeks consolidation.
However, the Court lacks jurisdiction to determine Plaintiff’s Motion to the extent it
seeks to dismiss claims currently pending before Judge Jackson. Additionally, the Court notes
Joe Henry Scott, Senior, brought those claims; because the Motion to Dismiss was brought in a
case where he is not a party, Mr. Scott has not had an opportunity to respond or otherwise object
to the potential dismissal of his claims. Thus, the Court will deny Plaintiff’s Motion to the extent

it seeks dismissal of Mr. Scott’s claims, with leave to refile a motion to dismiss after
consolidation.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff Pruco Life Insurance Company’s Motion to
Consolidate Actions and to Dismiss the Removed Action [ECF No. 15] is GRANTED, in part
and DENIED, in part.
IT IS FURTHER ORDERED that this case shall be CONSOLIDATED with Scott v.
Pruco Life Insurance Company, 4:14CV00025 CEJ, under Case No. 4:13CV02068 ERW.
IT IS FURTHER ORDERED that Plaintiff’s Motion for dismissal of the claims
pending in Case No. 4:14CV00025 CEJ is DENIED, with leave to refile for dismissal postconsolidation.
IT IS FURTHER ORDERED that the Hearing [See ECF No. 7 in Case No.
4:14CV00025 CEJ] on this Motion, scheduled for February 12, 2014, at 10:00 a.m., is
VACATED.
Dated this 6th day of February, 2014.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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