Cleland v. Green et al

Filing 12

ORDER granting 9 Motion to Consolidate Cases 5:17-cv-425-BO and 5:17-cv-426-BO. These actions shall proceed under the caption at case number 5:17-CV-426-BO. Signed by US District Judge Terrence W. Boyle on 9/22/2017. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
JENNIFER JOYNER CLELAND,
Appellant,
V.

STANLEY BOYD GREEN and
TRUSTEE JOHN F. LOGAN
Appellees. ·
STANLEY BOYD GREEN,
Appellant,
v.
JENNIFER JOYNER CLELAND and
TRUSTEE JOHN F. LOGAN,
Appellees.

)
)
)
)
)
)

)
)
)
)
)
)
)
)

5:17-CV-426-BO

5:17-CV-425-BO

ON APPEAL FROM THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN
DISTRICT OF NORTH CAROLINA
RALEIGH DIVISION
These causes come before the Court on a motion by appellant Jennifer Joyner Cleland to
consolidate these matters with an earlier filed action, Stanley Boyd Green v. Jennifer Joyner
Cleland and Trustee John F. Logan, No: 5:17-CV-425-BO. For the reasons discussed below, the
motion to consolidate is granted.
Rule 42(a) of the Federal Rules of Civil Procedure permits consolidation of actions
involving common questions of law or fact. This Court has broad discretion in determining
whether to consolidate actions pending before it. AIS J Ludwig Mowinckles Rederi v. Tidewater
Const. Co., 559 F.2d 928, 933 (4th Cir. 1977). These actions are pending in this district on

appeal from a bankruptcy order. The appellants and appellees are identical. The Court approves
the motion of the parties to consolidate their substantive appeals.

For the foregoing reasons, JENNIFER J. CLELAND's motion to CONSOLIDATE cases
5: 17-CV-4 25-B 0 and 5: 17-CV -426-BO is GRANTED. These actions shall proceed under the
caption at case number 5:17-CV-426-BO. The clerk is DIRECTED to enter this order in each of
the now-consolidated actions and to administratively close the file of case number 5: 17-CV-425BO. At the appropriate time, this matter shall be reopened so that judgment may be entered
therein.

SO ORDERED, this the

M

day of September, 2017.

~~

TERRENCE W. BOYLE
UNITED STATES DISTRICJUDGE