Holmes III v. Escallate, LLC

Filing 13

ORDER Consolidating Cases for DiscoveryTrial. All further pleadings to be docketed to: 3:15-cv-134. Member Case: 3:15-cv-320 to be administratively closed. Signed by Senior Judge Graham Mullen on 8/18/2015. (Pro se litigant served by US Mail.)(eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NOS: 3:15-cv-134 & 3:15-cv-320

ERNEST HOLMES III,

)
)
Plaintiff,
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v.
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)
ESCALLATE, LLC,
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)
Defendant.
)
____________________________________)
ORDER
THIS MATTER is before the Court on Defendant’s Motions to Consolidate (3:15-cv-134
Doc. No. 11; 3:15-cv-320 Doc. No. 5). Plaintiff filed suit against Escallate in this Court on March
19, 2015 alleging violations of 47 U.S.C. § 227 (the Telephone Consumer Protection Act or
“TCPA”) and 15 U.S.C. § 1692 (the Fair Debt Collection Practices Act or “FDCPA”) based on a
number of phone calls allegedly made by Defendant. It appears that Plaintiff also filed suit against
this same Defendant in Mecklenburg County Superior Court on June 23, 2015 alleging nearly
identical facts, and with the addition of a claim under N.C.G.S. § 58-70-90 (the North Carolina
Collection Agency Act or “NCCAA”).
Defendant asks that these cases be consolidated pursuant to FRCP 42(a)(2), as the two
cases involve precisely the same facts and parties, and because allowing multiple actions to
proceed could result in multiple recoveries, as well as duplicate time, effort, and resources on the
part of the Court and the parties. Having reviewed the separate complaints in these cases, the Court
agrees that consolidation is appropriate for the reasons stated in Defendant’s motion.
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IT IS THEREFORE ORDERED that Defendant’s Motion to Consolidate (3:15-cv-134
Doc. No. 11) is GRANTED. These cases are hereby consolidated pursuant to FRCP 42(a)(2), and
shall proceed as one action under case number 3:15-cv-134. All future filings should be made in
case number 3:15-cv-134. Accordingly, the motion to consolidate filed in case number 3:15-cv320 (Doc. No. 5) is DENIED as MOOT.
The Clerk of Court is respectfully directed to send a copy of this order to the Plaintiff, and
to close case number 3:15-cv-320.
SO ORDERED.
Signed: August 18, 2015

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