Kemper v. AAA Brothers, LLC et al
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants Motion to Consolidate for Discovery Purposes Only is DENIED. 22 Signed by Magistrate Judge Nannette A. Baker on 6/22/16. (CLA)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
AAA BROTHERS, LLC, et al.,
Case No. 4:15-CV-1640 NAB
MEMORANDUM AND ORDER
This matter is before the Court on defendants AAA Brothers, LLC and Ion Rusu’s
Motion to Consolidate for Discovery Purposes Only. [Doc. 22.] The parties have consented to
the jurisdiction of the undersigned United States Magistrate Judge pursuant to 28 U.S.C.
§ 636(c)(1). In their motion, Defendants seek to consolidate the current action with another
recently filed action Hulvey v. AAA Brothers, LLC., et al., 4:16-CV-677 RLW. Defendants
allege that these actions involve the same car accident on November 13, 2014 against the same
defendants. Defendants assert that consolidation will save judicial resources and eliminate
contradictory orders. Defendants propose using the same deadlines currently in place in this
action. The plaintiff in the Hulvey matter filed a response in opposition to the motion to
consolidate stating that he would be prejudiced by the use of the deadlines set in the case
management order in this action, because the parties in the Hulvey matter do not yet have a
scheduling order. Jared Kemper, the plaintiff in this action, did not file a response and the time
to do so has now passed.
Based on the foregoing, the Court will deny consolidation of these matters for discovery
purposes. Although consolidation may benefit defendants, no other party will benefit from
consolidation of this matter. Discovery in this action will close in less than three months and this
action has a trial date set for March 2017. The plaintiffs in the Hulvey matter would be greatly
prejudiced by being subjected to case management deadlines in a case where discovery is close
to conclusion. The Hulvey case was just filed last month. A Rule 16 conference has not been set
and a case management order has not been entered in the Hulvey matter.
Second, consolidation would likely expend judicial resources rather than conserve them.
It is highly unlikely that the plaintiff in the Hulvey matter would be able to complete discovery
without an extension of the current deadlines. Therefore, the resolution of this case would be
delayed. The interests of defendants in consolidation of these cases does not outweigh the
prejudice to the Hulvey case plaintiff and the expenditure of judicial resources.
IT IS HEREBY ORDERED that Defendants’ Motion to Consolidate for Discovery
Purposes Only is DENIED. [Doc. 22.]
Dated this 22nd day of June, 2016.
/s/ Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE
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