Burrell v. Bayer Corporation, et al

Filing 36

ORDER granting 28 Motion to Consolidate Cases for Discovery. All further pleadings to be electronically filed to: 1:17-cv-00031 only. Member Case: 1:17-cv-00032 to be administratively closed. Signed by District Judge Max O. Cogburn, Jr. on 4/4/2017. (khm) Modified on 4/5/2017to change signature date from 4/5/2017 to 4/4/2017. (khm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:17-cv-00031-MOC-DCK
KRISTIANA TWEED BURRELL,

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Plaintiff,
v.
BAYER CORPORATION
BAYER HEALTHCARE LLC
BILTMORE OB-GYN, P.A.
BAYER HEALTHCARE
PHARMACEUTICALS, INC.
BAYER ESSURE, INC.
CHRISTOPHER FORD WILLIAMS
STACY D TRAVIS,
Defendants.

ORDER

THIS MATTER is before the court on the Motion to Consolidate Pre-Trial Proceedings
(#28) pending in this case. Having considered the motion and reviewed the pleadings, the court
enters the following Order. Under the court’s discretion and pursuant to F.R.Civ.P. 42(a), the
court will grant the instant Motion and consolidate the related cases currently pending in this
District.
The court notes that the plaintiffs of the related suits, a husband and wife, now consent to
the consolidation (#32). The cases concern the same core nucleus of operative facts and the
complaints are largely similar. Accordingly, they should be consolidated pursuant to Rule 42(a).
To the extent separate trials are necessary, the court can order separate trials under Rule 42(b)
after consolidation for the pre-trial proceedings.

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ORDER
IT IS, THEREFORE, ORDERED that the Motion to Consolidate (#28) is GRANTED,
and this case shall be consolidated with 1:17-cv-32-MOC-DSC for purposes of pre-trial
proceedings. The above-captioned case, ending in 31, shall be the lead case.

Signed: April 4, 2017

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