Troyano, et al. v. Kirkland, et al.

Filing 42

ORDER granting 38 Motion to Consolidate Cases. Fact discovery in these matters shall be conducted to conclude on August 1, 2017, expert discovery shall conclude on January 31, 2018, and potentially dispositive motions shall be filed not later than February 15, 2018. Signed by US District Judge Terrence W. Boyle on 5/10/2017. All future filings should be filed in this case. (Stouch, L.)

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

TRACI FERRELL, as Administrator of the
ESTATE OF AUSTIN STEWART FERRELL,
Plaintiff,
v.

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No. 5:15-CV-677-BO

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THE TOWN OF LILLINGTON, DAVID
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)
KIRKLAND and SOONAOSO J. LETULI, both
Individually and in their Official Capacity as Police )
Officers for the Town of Lillington,
)
Defendants.
)

AUTUMN ZIMMER and JEFF ZIMMER,
Plaintiffs,
v.

THE TOWN OF LILLINGTON, DAVID
KIRKLAND and SOONAOSO J. LETULI, both
Individually and in their Official Capacity as Police
Officers for the Town of Lillington,
Defendants.

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)
)
)

No. 5:16-CV-892-BO

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MARINA TROYANO and MICHELLE
TROYANO
Plaintiffs,

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)
)
)
v.
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THE TOWN OF LILLINGTON, DAVID
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KIRKLAND and SOONAOSO J. LETULI, both
)
Individually and in their Official Capacity as Police )
Officers for the Town of Lillington,
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Defendants.
)

No. 5:16-CV-893-BO

ORDER
These causes come before the Court on plaintiffs' motion to consolidate and proposed
case management plan. The parties agree that the cases should be consolidated for purposes of
fact discovery. Plaintiffs and defendants disagree as to whether consolidation for purposes of
expert discovery should be allowed.
The parties having demonstrated that these matters involve common questions of law and
fact, the Court has determined that consolidation for purposes of fact and expert discovery is
appropriate. See Fed. R. Civ. P. 42(a). The motions to consolidate are therefore GRANTED.
The schedules and deadlines provided in the Zimmer and Troyano cases shall control in all three
actions. Importantly, fact discovery in these matters shall be conducted to conclude on August 1,
2017, expert discovery shall conclude on January 31, 2018, and potentially dispositive motions
shall be filed not later than February 15, 2018. Further, plaintiffs' designated expert in Zimmer
and Troyano shall be permitted to serve as their expert in all thr~e cases. 1
)

CONCLUSION
For the foregoing reasons, the motions to consolidate are GRANTED. The schedules and
deadlines provided in the Zimmer and Troyano cases shall control in all three actions.
To promote efficiency, any discovery motions and all potentially dispositive motions
shall be filed in Troyano, No. 5:16-CV-893-BO, and motions shall list all three cases in the
caption. The Court will address the issue of consolidation for trial after dispositive motions have
been decided. The clerk is DIRECTED to file a copy of this order in each case and to make a

1

Plaintiffs' motion to designate expert filed in Zimmer and Troyano seeks no relief and the clerk
is therefore directed to terminate the motion as pending.
2

notation on the Ferrell and Zimmer dockets that future filings will be made in the Troyano
action.

SO ORDERED, this

j!_ day of May, 2017.

T RRENCE W. BOYLE
UNITED STATES DISTRI

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