Ryans et al v. Koch Foods, LLC

Filing 17

ORDER denying 8 Motion to Consolidate Cases. Signed by Magistrate Judge Susan K Lee on 11/18/13. (GRE, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA

TRAVIS LEE RYANS, et al.,

Plaintiffs,
v.
KOCH FOODS, LLC,

Defendant.

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1:13-cv-234-SKL

ORDER

Before the Court is Plaintiffs’ motion to consolidate [Doc. 8]. Plaintiffs filed the motion,
seeking to consolidate this matter with Case No. 1:13-cv-199. Plaintiffs stated that both actions
arose out of the same traffic-trailer crash on September 24, 2012, but involve different plaintiffs
and different counsel for plaintiffs. Plaintiffs seek to consolidate the cases in order to save time
and judicial resources, as the same factual witnesses will likely appear in each case and all
counsel for the plaintiffs in both cases have agreed to use the same expert witnesses. Plaintiff
seeks to consolidate the two cases for both discovery and trial.
Defendant filed a response in opposition [Doc. 10], agreeing that consolidating the cases
for discovery would promote efficiency, but objecting to consolidation for trial. Defendant states
it would be disadvantaged and unfairly prejudiced by consolidation of the cases for trial.

A scheduling conference was held in this matter on November 13, 2013. Based on the
discussion that took place at the scheduling conference, the motion to consolidate [Doc. 8] is
hereby DENIED as moot, without prejudice to refile.
SO ORDERED.
ENTER:
s/fâátÇ ^A _xx
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE

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