Johnson v. Wal-Mart Stores, Inc. et al

Filing 11

ORDER denying 2 Motion to Consolidate This Case with 3:10cv659; Further Ordered that the Clerk of Court is instructed to place plaintiffs Motion to Dismiss 8 on the next available civil motions day. Signed by District Judge Max O. Cogburn, Jr on 6/9/2014. (eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14-cv-00235-MOC
SYLVESTER JOHNSON,

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Plaintiff,
Vs.
WALMART STORES EAST, LP
WAL-MART STORES, INC.
RANDY HARGROVE,
Defendants.

ORDER

THIS MATTER is before the court on plaintiff’s Motion to Consolidate (#2) and
Motion to Dismiss (#8). The Motion to Consolidate this matter with plaintiff’s previous action,
Johnson v. Wal-Mart Stores East, L.P., 3:10cv659 (W.D.N.C. 2013), will be summarily denied
as there is no authority for consolidating a newly filed action with an action which, for all intents
and purposes, is closed.1
As to the Motion to Dismiss, plaintiff has filed his response and the time for filing a reply
has not run. The court will instruct the Clerk of Court to place the Motion to Dismiss on for
hearing on the court’s next available civil hearing day as no reference of that motion will be
made to a magistrate judge.

ORDER
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The court notes that defendant’s motion for the Clerk of Court to reduce his Bill of Costs to a separate
judgment remains pending. Direct review of the substantive judgment has been foreclosed as plaintiff dismissed his
appeal of the Judgment entered upon the jury’s verdict.

IT IS, THEREFORE, ORDERED that plaintiff’s Motion to Consolidate (#2) is
DENIED and the Clerk of Court is instructed to place plaintiff’s Motion to Dismiss (#8) on the
next available civil motions day.

Signed: June 9, 2014