Sires v. Heineman et al

Filing 9

MEMORANDUM AND ORDER granting motions for consolidation of cases. Case number 8:09CV157, filing nos. 36, 37, and 38; case number 4:10CV3020, filing nos. 6 , 7 , and 8 ; and case number 4:10CV3021, filing nos. 6, 7, and 8, are granted. Case number 8:09CV157, OMeara, et. al. v. Heineman, et. al. is hereby designated as the "Lead Case." The remaining cases, (4:10CV3020 and 4:10CV3021) are hereby designated as the "Member Cases." On or before March 10, 2010, the defendants sha ll answer or otherwise respond to the plaintiffs' complaints. The Rule 26(f) Report of Parties' Planning Conference shall be filed on or before April 2, 2010. Member Cases: 8:09-cv-00157-RGK-CRZ, 4:10-cv-03020-RGK-CRZ, 4:10-cv-03021-RGK-CRZOrdered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA J O A N O'MEARA, et. al., P l a i n t if f s , v. D A V E HEINEMAN, et. al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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M E M O R A N D U M AND ORDER

C L A U D IE SIRES, Personal R e p re se n tativ e of the Estate of Claudia W ri g h t, Plaintiff, V. D A V E HEINEMAN, et. al., D e f e n d a n ts .

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G A R R Y WHEELER, Personal R ep rese n ta tiv e of the Estate of Sara S c h n e ll, Plaintiff, V. D A V E HEINEMAN, e t. al.,

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D e f e n d a n ts .

T h e defendants moved to consolidate the above-captioned cases, and thereafter the p a rtie s jointly stipulated to consolidation. The defendants have also filed an unopposed m o t io n to continue the deadline for filing an answer or response to plaintiffs' complaints.

T h e above-captioned cases involve common questions of law and fact, and the p la in tiffs are represented by the same plaintiffs' counsel. Consolidating the cases and e x ten d in g the deadline for responding to plaintiffs' complaints and for filing the parties' Rule 2 6 (f) Report will serve the the interests of justice and judicial economy.

A c c o rd in g ly , I T IS ORDERED that case number 8:09CV157, filing nos. 36, 37, and 38; case n u m b e r 4:10CV3020, filing nos. 6, 7, and 8; and case number 4:10CV3021, filing nos. 6, 7, a n d 8, are granted, and 1) T h e following cases are consolidated for discovery and trial purposes: 8:09CV157 O'Meara, et. al. v. Heineman, et. al. 4:10CV3020 S ire s v. Heineman, et. al. 4 :1 0 C V 3 0 2 1 W h e e ler v. Heineman, et. al.

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C a s e number 8:09CV157, O'Meara, et. al. v. Heineman, et. al. is hereby d e sig n a te d as the "Lead Case." The remaining cases, (4:10CV3020 and 4 :1 0 C V 3 0 2 1 ) are hereby designated as the "Member Cases." T h e court's CM/ECF System now has the capacity for "spreading" text among th e consolidated cases. If properly docketed, the documents filed in the Lead C a se will automatically be filed in all Member Cases. To this end, the parties a re instructed to file in the Lead Case, 8:09CV157, all further documents e x c e p t those described in paragraph 4 and to select the option "yes" in re sp o n se to the System's question of whether to spread the text. T h e parties may not use the spread text feature to file complaints, amended c o m p lain ts, and answers; to pay filing fees electronically using pay.gov; to file item s related to service of process; or to file notices of appeal. -2-

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If a party believes that an item in addition to those described in paragraph 4 s h o u ld not be filed in all the consolidated cases, the party must move for p e rm is s io n to file the item in one or more individual member cases. The m o tio n must be filed in all the consolidated cases using the spread text feature. O n or before March 10, 2010, the defendants shall answer or otherwise r e sp o n d to the plaintiffs' complaints. T h e Rule 26(f) Report of Parties' Planning Conference shall be filed on or b e fo re April 2, 2010. D A T E D this 3rd day of March, 2010. B Y THE COURT: s / Cheryl R. Zwart United States Magistrate Judge

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