Belcourt Public School District v. Malaterre et al

Filing 8

ORDER of Consolidation of Pretrial Proceedings, Hearings, and Trial. By Magistrate Judge Charles S. Miller, Jr. (KT)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
Belcourt Public School District and )
Angel Poitra,
)
)
Plaintiffs,
)
)
vs.
)
)
Ella Davis and Turtle Mountain
)
Tribal Court,
)
)
Defendants.
)
)
)
Belcourt Public School District,
)
)
Plaintiff,
)
)
vs.
)
)
Erica Malaterre and Turtle Mountain )
Tribal Court,
)
)
Defendants.
)
)
)
Belcourt Public School District,
)
Roman Marcellais, and School
)
Board Members for the Belcourt
)
Public School District,
)
)
Plaintiffs,
)
)
vs.
)
)
Bruce Allard, Martin Desjarlais,
)
Jeff Laducer, Chad Marcellais,
)
Robert St. Germaine, and Turtle
)
Mountain Tribal Court,
)
)
Defendants.
)
)

ORDER OF CONSOLIDATION
OF PRETRIAL PROCEEDINGS,
HEARINGS, AND TRIAL

Case No. 4:12-cv-114

Case No. 4:12-cv-115

Case No. 4:12-cv-117

)
)
)
)
)
)
Plaintiffs,
)
)
vs.
)
)
Steve Herman and Turtle Mountain )
Tribal Court,
)
)
Defendants.
)
Belcourt Public School District,
Roman Marcellais, and School
Board Members for the Belcourt
Public School District,

Case No. 4:12-cv-118

The court held a telephonic scheduling conference in the above-entitled actions on
October 30, 2012. Based on the agreement of the participating parties, the court finds that the
above-entitled actions involve common questions of law and fact and that consolidating the
actions for the purpose of pretrial proceedings, hearings, and trial would provide for the best use
of judicial resources.
The court notes that defendant Turtle Mountain Tribal Court has not entered an
appearance in the above-entitled actions and that the parties have not yet determined whether
Turtle Mountain Tribal Court is a necessary party. In the event Turtle Mountain Tribal Court
elects to appear, it may move to sever the above-entitled actions if it objects to consolidation.
The court further notes that it is aware of another similar case, Belcourt Public School District v.
Nelson, Case No. 4:12-cv-116. Once the necessary appearances have been made, that case may
be consolidated with the above-entitled actions, but consolidation would be premature at this
point.
Based on the above, the court ORDERS that pursuant to Federal Rule of Civil Procedure
42(a)(1), case Numbers 4:12-cv-114, 4:12-cv-115, 4:12-cv-117, and 4:12-cv-118 be joined for

purposes of pretrial proceedings, hearings, and trial. The cases will NOT be formally
consolidated as one action pursuant to Rule 42(a)(2). As a consequence, pleadings must
continue to be filed in each of the individual cases.
IT IS SO ORDERED.
Dated this 31st day of October, 2012.

/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court