Marone v. County of Nassau et al
Filing 5
ORDER CONSOLIDATING ACTIONS: The plaintiffs' respective applications to proceed in forma pauperis are granted. This action is consolidated for all purposes, including trial, to proceed under docket number 13-cv-1192 ("the consolidated act ion"), with leave to move to sever the actions for the purpose of any trial on the issue of damages within ten (10) days following the close of discovery in this consolidated action. The Clerk of Court shall: (1) amend the caption of the lead c ase in accordance with this Order, (2) administratively close the actions assigned docket numbers other than the lead docket number, with leave to reopen as set forth herein and (3) forward to the United States Marshal for the Eastern District of New York copies of the summonses, complaints, and this order for service upon all named defendants without prepayment of the filing fee. When any pro se action relating to the subject matter of this consolidated action or the Anderson case is hereafter filed in this Court, the Clerk of the Court shall: (1) assign such action a new case number ("newly-filed action") to proceed before the undersigned and Magistrate Judge William D. Wall; 1 (2) docket this order in each newly-filed action; (3) consolidate each newly-filed action with this consolidated action and make an appropriate entry on the consolidated action's docket so indicating; (4) mail a copy of this order to the plaintiff in the newly filed action and so indicate on th e consolidated action's docket; and (5) administratively close each newly-filed action. Any party to a newly-filed action, i.e., the plaintiff filing the newly-filed action and any named defendant therein, may move to sever any claim raised in such newly-filed action that was not raised in the eleven ( 11) above-captioned actions or in the Anderson case within thirty (30) days after the Clerk of the Court mails the plaintiff filing the newly-filed action a copy of this order, or they will be deemed to have waived their right to seek severance, except as otherwise provided herein, i.e., for trial on the issue of damages. Any plaintiff of a newly-filed action with a severed claim may proceed with such claim after the resolution of this consolidated action by moving to have the newly-filed action reopened within thirty (30) days of the entry of judgment in this consolidated action, or the severed claim will be deemed voluntarily withdrawn. The United States Marshal Service shall se rve the summonses and complaints, together with a copy of this order, upon defendants without prepayment of the filing fee. Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this order upon all parties in accordance with Rule 5(b) of the Federal Rules of Civil Procedure, including mailing a copy of this order to each plaintiffs address of record pursuant to Rule 5(b)(2)( c). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3)that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 6/30/2014. (Attachments: # 1 order of consolidation) (Florio, Lisa)
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