Russell et al v. Hatfield
ORDER granting (17) Motion to Consolidate Cases [Filed in case 5:17cv16]. All further pleadings to be electronically filed to: 5:17cv16 only. Member Case: 5:17cv121 to be administratively closed in case. Judge Keesler is removed in the later case and Judge Cayer shall serve as Magistrate Judge in both cases. Signed by District Judge Max O. Cogburn, Jr on 3/9/2018. (tmg)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
DOCKET NO. 5:17-cv-00016-MOC-DSC
[consolidating 5:17cv16 and 5:17cv121]
ROBERT NEAL HATFIELD,
UNITED STATES OF AMERICA,
ROBERT NEAL HATFIELD,
THIS MATTER is before the court on plaintiffs’ Motion to Consolidate Related
Cases with United States v. Robert Neal Hatfield [5:17cv121]. The issues have been fully
briefed by respective counsel in this action, an appropriate Notice (#19) has been filed in
the 5:17cv121 action, and counsel for the United States of America, therein, has interposed
Rule 42(a) of the Federal Rules of Civil Procedure permits consolidation “[i]f
actions before the court involve a common question of law of fact.” The rule provides
courts with discretion over whether to consolidate actions for trial. See Arnold v. Eastern
Air Lines, Inc., 681 F.3d 186, 192 (4th Cir. 1982). Courts considering consolidation should
(1) whether the specific risks of prejudice and possible confusion [are]
overborne by the risk of inconsistent adjudications of common factual and
(2) burden on the parties,
(3) witnesses and available judicial resources posed by multiple lawsuits,
(4) the length of time required to conclude multiple suits as against a single
(5) the relative expense to all concerned of the single-trial, multiple-trial
Id. at 193. Generally, under Rule 42(a), when two causes of action involve common
witnesses, identical evidence, and similar issues, judicial economy will generally favor
consolidation. See Johnson v. Celotex Corp., 899 F.2d 1281, 1284-85 (2d Cir. 1990).
Consolidation of actions involving common questions of law and fact also avoids the risk
of inconsistent judgments. Switzenbaum v. Orbital Scis. Corp., 187 F.R.D. 246, 248 (E.D.
Va. 1999). Nevertheless, “even where cases involve some common issues of law or fact,
consolidation may be inappropriate where individual issues predominate.” Michael v.
Wyeth, LLC, 2011 WL 1527581, at *2 (S.D.W.Va. Apr. 20, 2011) (Copenhaver, J.)
(internal quotations omitted).
Two actions are now pending before the undersigned stemming from the same
alleged conduct. In this action, plaintiffs Miranda Russell and Ruth Heckman (“plaintiffs”)
filed suit against defendant Robert Hatfield, alleging violations of the Fair Housing Act,
42 U.S.C. §§ 3601–3631 (the “FHA”). In United States v. Robert Neal Hatfield, 5:17-cv121 (W.D.N.C.), the government asserts violations of the FHA against the same defendant.
While this action involves alleged violations of the FHA against these two plaintiff and the
later-filed action involves allegations of a pattern and/or practice, the conduct which is
alleged is identical. The Court has reviewed the allegations asserted by way of the
complaints filed in each case, and agrees with the plaintiffs herein that common issues of
law and fact predominate. The Court also agrees with plaintiff that judicial economy favors
consolidation. Such consolidation will serve judicial economy and avoid duplication of
efforts and the risk of inconsistent results.
The Court has considered the Arnold factors set forth supra and finds that they all
weigh in favor of consolidation or are neutral. The risk that defendant will suffer prejudice
if these matters are consolidated is nonexistent or negligible. Consolidation will eliminate
duplication of efforts by the parties and the Court. While the Court has considered carefully
defendant’s argument concerning witnesses, the fact of the matter is that all the witnesses
in this case could and likely would be called by the government in the later filed case, and
Furthermore, if consolidated, a jury would be presented with all the testimony in
one action, avoiding the possibility of inconsistent judgments. The harm that could be
caused by inconsistent judgments is extends well beyond the parties to this case, as public
confidence in the judicial system can be undermined if such were to occur. Consolidating
these matters will also reduce the burden (temporally and financially) on the parties and
the Court by avoiding avoid duplicative efforts in discovery, motions practice, mediation,
and, if needed, trial.
The Court has also considered defendant’s argument that by joining the two actions,
plaintiffs’ case is bolstered by the presence of the United States as a co-plaintiff. While
that is certainly possible, the exact opposite argument could be made as the presence of
government can also be considered a negative, especially in some former divisions of this
district. The possibility that the presence of the government will somehow lend credence
to the individual plaintiffs is neutralized by this Court’s routine instruction concerning the
jury’s duty to treat all parties as being of equal worth. Further, if this matter makes it to
trial, the Court will allow some voir dire on whether prospective jurors would be fair where
the government is a party.
Ultimately, the court finds that consolidation of the above-captioned action cases is
warranted given the common factual and legal issues and the judicial efficiencies that will
be achieved by and through consolidation.
IT IS, THEREFORE, ORDERED that plaintiffs’ Motion to Consolidate Related
Cases with United States v. Robert Neal Hatfield [5:17cv121] is GRANTED, and the
5:17cv121 action is CONSOLIDATED with this action, with the 5:17cv16 designated as
the “Lead Case” for docketing purposes, as above captioned.
The Clerk of Court shall note that with the consolidation, the referral to Judge
Keesler is removed in the later filed case and Judge Cayer shall serve as the presiding
United States Magistrate Judge in both cases. The Court will leave it to the parties and
Judge Cayer to conform the pretrial orders if necessary.
Signed: March 9, 2018
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?