Dove v. Johnson

Filing 22

ORDER granting 20 Motion to Consolidate Cases. The above-listed cases are hereby CONSOLIDATED for the purposes ofdiscovery and motions filing. If necessary, the Court will consider whether the cases should continue to be consolidated for the purpo ses of trial at the appropriate time. All future filings shall be made only in case No. 4:20-cv-180-BR, which is designated as the lead case. All future filings shall reflect the case caption for each of the consolidated cases, as above, wi th the notation that this is proceeding as a consolidated action. The clerk is DIRECTED to enter this order in each of the now-consolidated cases; future orders shall be entered only in the lead case unless otherwise directed. Finally, the clerk is DIRECTED to, after the entry of this order, remove case No. 4:20-CV-154-BO from the Court's active docket, and to return that case to the active docket on order of the Court. Signed by District Judge Terrence W. Boyle on 1/8/2021. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION

FAITH YVETTE DOVE,
Plaintiff,
V.

SHIRLEY ARDOIN JOHNSON,
Defendant.

SHIRLEY ARDOIN JOHNSON,
individually and in her capacity as Executor
of the Estate of Vaughan Monroe Johnson,
Plaintiff,
V.

FAITH YVETTE DOVE,
Defendant.

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No. 4:20-CV-154

No . 4:20-CV-180

These matters are before the Court on a motion filed by plaintiff Faith Yvette Dove in case
No. 4 :20-CV-154-BO to consolidate that action with one other similar case pending before the
undersigned. Plaintiff argues that both cases principally revolve around the validity of decedent' s
alleged marriage to plaintiff both causes of action arise from the same factual allegations, the
parties in both actions are the same, and both cases seek similar relief from the Court. Plaintiff
requests that the Court consolidate the two actions - No . 4:20-CV-154-BO and No. 4:20-CV-180BR - into one case because what are claims in the first action are defenses in the second, and what
are claims in the second action are counterclaims in the first. Defendant does not oppose the motion
to consolidate.

Case 4:20-cv-00154-BO Document 22 Filed 01/08/21 Page 1 of 2

For good cause shown, and pursuant to Fed. R. Civ. P. 42(a), the motion to consolidate
[DE 20] is GRANTED. The above-listed cases are hereby CONSOLIDATED for the purposes of
discovery and motions filing. If necessary, the Court will consider whether the cases should
continue to be consolidated for the purposes of trial at the appropriate time. All future filings shall
be made only in case No . 4:20-cv-180-BR, which is designated as the lead case. All future filings
shall reflect the case caption for each of the consolidated cases, as above, with the notation that
this is proceeding as a consolidated action. The clerk is DIRECTED to enter this order in each of
the now-consolidated cases; future orders shall be entered only in the lead case unless otherwise
directed. Finally, the clerk is DIRECTED to, after the entry of this order, remove case No. 4:20CV-154-BO from the Court' s active docket, and to return that case to the active docket on order
of the Court.

SO ORDERED, this

(

day of January, 2021.

TERRENCE W. BOYLE
UNITED ST ATES DISTRICT

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Case 4:20-cv-00154-BO Document 22 Filed 01/08/21 Page 2 of 2