P.B. v. Burke County Public Schools Board of Education et al

Filing 61

ORDER in case 1:12-cv-00334-MR-DLH; granting (29) Motion to Consolidate Cases for Trial. All further pleadings to be electronically filed to: 1:12-cv-334 only. Member Case: 1:13-cv-9 to be administratively closed in case 1:13-cv-00009-MR-DLH. Signed by District Judge Martin Reidinger on 1/4/2014. (Pro se litigant served by US Mail.)(tmg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION P.B. as Lawful Guardian Ad Litem of Minor Child, Jane Doe, ) ) ) Plaintiff, ) ) vs. ) ) BURKE COUNTY PUBLIC SCHOOLS ) BOARD OF EDUCATION, LINDA ) BRADSHAW, JOHN ROES 1-10, and ) MICHAEL ANDREW ALEXANDER, ) ) Defendants. ) ________________________________ ) ) A.B. as Lawful Guardian Ad Litem ) of Minor Child, L.B., ) ) Plaintiff, ) ) vs. ) ) BURKE COUNTY PUBLIC SCHOOLS ) BOARD OF EDUCATION, LINDA ) BRADSHAW, JOHN ROES 1-10, and ) MICHAEL ANDREW ALEXANDER, ) ) Defendants. ) ________________________________ ) CIVIL CASE NO. 1:12-cv-00334-MR-DLH CIVIL CASE NO. 1:13-cv-00009-MR-DLH THIS MATTER is before the Court on the Renewed Motion to Consolidate by Burke County Public Schools Board of Education and Linda Bradshaw [Civil Case No. 1:13-cv-00009-MR-DLH, Doc. 29]. No opposition has been filed to the Defendants’ Motion. Rule 42 of the Federal Rules of Civil Procedure provides that the Court may consolidate two civil actions if they involve “a common question of law or fact.” Fed. R. Civ. P. 42(a)(2). The Court finds that these two civil actions involve common questions of law and fact such that consolidation for trial would be appropriate. Accordingly, IT IS, THEREFORE, ORDERED that the Renewed Motion to Consolidate by Burke County Public Schools Board of Education and Linda Bradshaw [Civil Case No. 1:13-cv-00090-MR-DLH, Doc. 29] is GRANTED, and Civil Case No. 1:12-cv-00334-MR-DLH and Civil Case No. 1:13-cv-00009-MR-DLH are hereby CONSOLIDATED for trial before the undersigned. Civil Case No. 1:12-cv-00334-MR-DLH is designated as the lead case, and Civil Case No. 1:13-cv-00009-MR-DLH shall be closed. Pursuant to Local Civil Rule 5.2.1(D), all future pleadings will be docketed and filed in the designated lead case only. IT IS SO ORDERED. Signed: January 4, 2014 2

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