Johnson et al v. City of Hazelwood et al

Filing 25

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that Johnson, et al. v. City of Hazelwood, No. 4:14CV1311 (RLW) is consolidated with this action, Johnson, et al. v. City of Hazelwood, et al., No. 4:14CV286 (SNLJ) IT IS FURTHER ORDERED that Johnson, et al. v. City of Hazelwood, No. 4:14CV1311 (RLW) shall be reassigned to the undersigned in accordance with E.D.Mo. L.R. 4.03. IT IS FINALLY ORDERED that following consolidation all documents shall be filed in Johnson, et al. v. City of Hazelwood, et al., No. 4:14CV286 (SNLJ). Signed by District Judge Stephen N. Limbaugh, Jr on 9/19/14. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LATASHA JOHNSON, et al,
Plaintiffs,
v.
CITY OF HAZELWOOD, et al.,
Defendants.
HENRIETTA JOHNSON, et al.,
Plaintiffs,
v.
CITY OF HAZELWOOD, et al.,
Defendants.

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Case No. 4:14CV286 SNLJ

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Case No. 4:14CV1311 RLW

MEMORANDUM AND ORDER
The Court, upon review of the file in case number 4:14CV286 (SNLJ), finds that there is
a related cause of action, case number 4:14CV1311 (RLW). Upon review of the complaints in
both cases, the Court finds that both actions pertain to the death of Antonio L. Johnson and the
circumstances of an arrest that preceded his death. Further, plaintiffs in both actions have
alleged a wrongful death claim. Under Missouri law, section 537.080 RSMo, “[o]nly one action
may be brought . . . against any one defendant for the death of any one person.” Federal Rule of
Civil Procedure 42 provides for consolidation of cases involving a common question of law or
fact. This Court finds that the actions involve common questions of law and fact. Consolidation
is, therefore, proper. Therefore, on the Court’s own motion and in the interests of judicial
economy, the cases will be consolidated.

Accordingly,
IT IS HEREBY ORDERED that Johnson, et al. v. City of Hazelwood, No. 4:14CV1311
(RLW) is consolidated with this action, Johnson, et al. v. City of Hazelwood, et al., No.
4:14CV286 (SNLJ).
IT IS FURTHER ORDERED that Johnson, et al. v. City of Hazelwood, No.
4:14CV1311 (RLW) shall be reassigned to the undersigned in accordance with E.D.Mo. L.R.
4.03.
IT IS FINALLY ORDERED that following consolidation all documents shall be filed
in Johnson, et al. v. City of Hazelwood, et al., No. 4:14CV286 (SNLJ).
Dated this 19th day of September, 2014.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE