Ballard et al v. National Football League Players Association et al

Filing 35

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendants' motion to consolidate [#15] is GRANTED. IT IS FURTHER ORDERED that the following cases are consolidated and reassigned to me for all pretrial purposes: 4:14CV1267 CDP and 4:14CV1559 ERW. IT IS FURTHER ORDERED that the Clerk's office shall reassign case number 4:14CV1559 to me, and the parties shall use the case number 4:14CV1559 CDP for any filings in that individual case. If the cases are not ultimately consolidated for trial, it will be reassigned again, if appropriate. IT IS FINALLY ORDERED that until further order from this court, all filings related to discovery or scheduling in this matter shall be filed only in 4:14CV1267 CDP. Any motions relating to pleadings, class certification, Daubert challenges, or summary judgment shall be filed in the individual cases. Signed by District Judge Catherine D. Perry on March 16, 2015. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

CHRISTIAN BALLARD, et al.,
Plaintiffs,
vs.
NATIONAL FOOTBALL LEAGUE
PLAYERS ASSOCIATION, et al.,
Defendants.

NEIL SMITH, et al.,
Plaintiffs,
vs.
NATIONAL FOOTBALL LEAGUE
PLAYERS ASSOCIATION, et al.,
Defendants.

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) Case No. 4:14CV1267 CDP
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) Case No. 4:14CV1559 ERW
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MEMORANDUM AND ORDER
Defendants have filed a motion to consolidate these cases, currently pending
before two judges in this district. Under Rule 42(a) of the Federal Rules of Civil
Procedure, actions involving a common question of law or fact may be
consolidated.

The plaintiffs in both the Ballard and Smith case opposed consolidation on
the grounds that the Smith plaintiffs sought remand for lack of subject-matter
jurisdiction. That motion has been denied. See Order dated December 2, 2014,
Case No. 4:14CV1559 ERW, ECF Doc. 34.
Because these cases involve common parties, as well as related legal and
factual issues, I will grant the motion to consolidate these cases for all pretrial
purposes. At a later date, I will reconsider whether consolidation of these cases for
trial is appropriate.
Accordingly,
IT IS HEREBY ORDERED that defendants’ motion to consolidate [#15]
is GRANTED.
IT IS FURTHER ORDERED that the following cases are consolidated and
reassigned to me for all pretrial purposes: 4:14CV1267 CDP and 4:14CV1559
ERW.
IT IS FURTHER ORDERED that the Clerk’s office shall reassign case
number 4:14CV1559 to me, and the parties shall use the case number
4:14CV1559 CDP for any filings in that individual case. If the cases are not
ultimately consolidated for trial, it will be reassigned again, if appropriate.
IT IS FINALLY ORDERED that until further order from this court, all
filings related to discovery or scheduling in this matter shall be filed only in

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4:14CV1267 CDP. Any motions relating to pleadings, class certification,
Daubert challenges, or summary judgment shall be filed in the individual
cases.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 16th day of March, 2015.

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