T.A. v. Burke County Public Schools Board of Education et al

Filing 49

ORDER Consolidating Cases for Trial. All further pleadings to be docketed to: 1:13-cv-278. Member Case: 1:13-cv-279 to be administratively closed. Defendant Board's and Defendant Bradshaw's Motions to Continue Summa ry Judgment Hearing [13-CV-278 Doc. 48; 13-CV-279 Doc. 45] are GRANTED and the summary judgment hearing currently scheduled for December 12, 2014, is CONTINUED until further order by the Court. Signed by District Judge Martin Reidinger on 12/9/2014. (Pro se litigant served by US Mail.) (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
T.A., as guardian ad litem of
Minor Child, H.S.,
Plaintiff,
vs.

BURKE COUNTY PUBLIC SCHOOLS
BOARD OF EDUCATION, et al.,
Defendants.
_______________________________
A.M., as guardian ad litem of
Minor Child, K.M.,
Plaintiff,
vs.

BURKE COUNTY PUBLIC SCHOOLS
BOARD OF EDUCATION, et al.,
Defendants.
_______________________________

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CIVIL CASE NO.
1:13-CV-00278-MR-DLH

CIVIL CASE NO.
1:13-CV-00279-MR-DLH

ORDER TO CONTINUE
SUMMARY JUDGMENT
HEARING AND TO
CONSOLIDATE CASES

THESE MATTERS are before the Court for consolidation sua sponte,
and to continue the summary judgment hearing by consent motions filed on
behalf of Defendant Burke County Public Schools Board of Education

(“Board”) and Defendant Linda Bradshaw (“Bradshaw”). [13-CV-278 Doc.
48; 13-CV-279 Doc. 45].
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 any future hearings and trial would be appropriate. The Court further
finds that Civil Case No. 1:13-CV-00278-MR-DLH should be designated as
the lead case for all future filings concerning both matters, and Civil Case
No. 1:13-CV-00279-MR-DLH should be closed.
Defendants Board and Bradshaw have filed motions, with the consent
of the Plaintiffs in each matter, requesting the Court continue the summary
judgment hearing currently set for December 12, 2014. The basis for their
continuance request stems from the following:
On May 15, 2014, in companion case to these two matters, the Court
entered an Order [12-CV-334, Doc. 78] requiring all pending companion
matters involving Defendant Board undergo a joint mediation with mediator
C. Frank Goldsmith, Jr., on or before April 15, 2014. The Court’s Order
also provided that the joint mediation was without prejudice should the joint
mediation be unsuccessful and the parties desire to pursue additional
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mediation in their individual cases. [Id. at 2]. A joint mediation was
conducted on April 22, 2014, by Mr. Goldsmith pursuant to the Court’s
Order. Due to the number of companion cases being mediated, insufficient
time existed during such mediation for any meaningful settlement
negotiations to take place with regard to the two matters filed herein.
Plaintiffs and Defendants Board and Bradshaw in these two matters desire
to pursue additional mediation and have scheduled a joint mediation to
occur with Mr. Goldsmith on January 21, 2015.
The parties contend, and Court finds, that it will be in the best interest
of justice and judicial economy, therefore, to continue the hearing on the
summary judgment motions.

The Court is concerned, however, by the

lapse of time between the joint mediation held April 22, 2014, and the filing
of the continuance motions December 9, 2014, without any explanation by
the parties regarding their efforts at mediation during the interim.

The

summary judgment motions will be rescheduled, if necessary, as soon after
the January 21, 2015, mediation as is practicable for the Court, and any
further continuance request is unlikely to be granted.
IT IS, THEREFORE, ORDERED that Civil Case No. 1:13-CV-00278MR-DLH and Civil Case No. 1:13-CV-00279-MR-DLH are hereby
CONSOLIDATED for all future proceedings and trial before the
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undersigned. Civil Case No. 1:13-CV-00278-MR-DLH is designated as the
lead case, and Civil Case No. 1:13-cv-00279-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 FURTHER ORDERED that Defendant Board’s and Defendant
Bradshaw’s Motions to Continue Summary Judgment Hearing [13-CV-278
Doc. 48; 13-CV-279 Doc. 45] are GRANTED, and the summary judgment
hearing currently scheduled for December 12, 2014, is CONTINUED off of
the Court’s calendar until further order by the Court.
IT IS SO ORDERED.

Signed: December 9, 2014

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