Youngson et al v. Bobo Transportation, Inc. et al (RLJ2)

Filing 44

ORDER OF CONSOLIDATION; Judge Steger's R&R is ADOPTED, and the motion to consolidate the cases is hereby GRANTED. Civil Action No. 1:17-cv-69 and Civil Action No. 1:17-cv-108 are CONSOLIDATED, with Civil Action No. 1:17-cv-10 8 designated as the lead case. All future filings are to be made in the lead case, Civil Action No. 1:17-cv-108, and the clerk is DIRECTED to administer these cases as consolidated for all future proceedings. Following completion of discovery, the parties will have the opportunity to revisit the decision as to whether these cases should be consolidated for purposes of the trial itself. Signed by District Judge Pamela L. Reeves on 11/20/17. (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA

MAVIE DENISE YOUNGSON and
TIMOTHY WAYNE YOUNGSON,

)
)
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Plaintiffs,
)
)
v.
)
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BOBO TRANSPORTATION, INC.; OLIM
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KODIROV; LOGISTICS BUDDY, LLC; and
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LOGISTICS BUDDY TRANSPORTATION, LLC, )
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Defendants.
)
)
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CHRYSTINA BASS and
)
CHRISTOPHER A. BASS,
)
)
Plaintiffs,
)
)
v.
)
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BOBO TRANSPORTATION, INC.; OLIM
)
KODIROV; PROCTER & GAMBLE
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MANUFACTURING COMPANY; PROCTER & )
GAMBLE DISTRIBUTING COMPANY;
)
PROCTER & GAMBLE COMPANY; PROCTOR )
& GAMBLE; LOGISTICS BUDDY, LLC; and
)
LOGISTICS BUDDY TRANSPORTATION, LLC, )
)
Defendants.
)

No. 1:17-CV-69
REEVES/STEGER

No. 1:17-CV-108
REEVES/STEGER

ORDER OF CONSOLIDATION

On October 31, 2017, the Honorable Christopher H. Steger, United States Magistrate
Judge, issued a Report and Recommendation (“R&R”) [D. 43], in which he recommended that the
Court grant the Defendants’ Joint Motion to Consolidate [D. 35] the above-captioned cases

pursuant to Federal Rule of Civil Procedure 42(a)(2). In support of the motion, the parties state
that these actions involve common questions of law and fact. Judge Steger held a hearing on the
motion on October 25, 2017 No objections to the R&R have been filed.
Rule 42(a) of the Federal Rules of Civil Procedure permits actions to be consolidated for
the economy and convenience of the court and the parties where such actions involve common
questions of law or fact. FED. R. CIV. P. 42(a); Tri-Med Finance Co. v. Nat’l Century Fin.
Enterprises, Inc., 208 F.3d 215 (6th Cir. 2000). After holding a hearing on Defendants’ motion on
October 25, 2017, Judge Steger found that “the facts relating to causation of this motor vehicle
accident should be virtually identical as to both sets of plaintiff,” and that “there is almost complete
overlap among the defendants in these two lawsuits.” [D. 43, at 2]. Judge Steger further determined
that there is minimal risk of confusion or prejudice in consolidation.
A review of the complaints in these cases supports Judge Steger’s findings. Accordingly,
Judge Steger’s R&R is ADOPTED, and the motion to consolidate the cases is hereby GRANTED.
Civil Action No. 1:17-cv-69 and Civil Action No. 1:17-cv-108 are CONSOLIDATED, with Civil
Action No. 1:17-cv-108 designated as the lead case. All future filings are to be made in the lead
case, Civil Action No. 1:17-cv-108, and the clerk is DIRECTED to administer these cases as
consolidated for all future proceedings. Following completion of discovery, the parties will have
the opportunity to revisit the decision as to whether these cases should be consolidated for purposes
of the trial itself.
IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE
A S S
C
UNITED STATES DISTRICT