Jackson v. Town of Caryville, Tennessee et al

Filing 14

ORDER granting 6 Motion to Consolidate Cases. Defendants motions to consolidate [Doc. 6 in case number 3:10-CV-153 and Doc. 8 in case number 3:10cv240] are hereby GRANTED. Accordingly, case number 3:10-CV-240 is hereby CONSOLIDATED with case number 3:10cv153. Case number 3:10-CV-153will be the lead case and the parties are hereby ORDERED to file all pleadings in case number 3:10-CV-153.Signed by District Judge Thomas A Varlan on 8/3/2010. (DCP, )

Jackson v. Town of Caryville, Tennessee et al

Doc. 14

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE TRACY JACKSON, ) ) Plaintiff, ) ) v. ) ) TOWN OF CARYVILLE, TENNESSEE, et al., ) ) Defendants. ) ULESS JOE ARNOLD, ) ) Plaintiff, ) ) v. ) ) TOWN OF CARYVILLE, TENNESSEE, et al., ) ) Defendants. ) ORDER These civil actions are before the Court on the Motion to Consolidate [Doc. 6], filed by defendants Town of Caryville, Tennessee, Caryville Police Department, Bill Widener, and Stephanie R. Smith, in which defendants request that this case, Tracy Jackson v. Town of Caryville, et al., case number 3:10-CV-153 (Varlan/Guyton), be consolidated with Uless Joe Arnold v. Town of Caryville, et al., case number 3:10-CV-240 (Jordan/Guyton), for case management, pretrial discovery, and for trial.1 Plaintiff Tracy Jackson has not responded,
A substantially similar motion to consolidate [see Doc. 8], was filed by defendants on July 22, 2010 in case number 3:10-CV-240. Plaintiff Uless Joe Arnold has not filed a response.
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No.:

3:10-CV-153 ( VARLAN/GUYTON)

No.:

3:10-CV-240 (JORDAN/GUYTON)

Dockets.Justia.com

the time for doing so has passed, and the motion is ripe for determination. See E.D. TN. LR 7.1(a), 7.2. Case number 3:10-CV-153, originally filed by plaintiff in this Court on April 12, 2010, asserts Fourth and Fourteenth Amendment violations stemming from an alleged unlawful arrest of plaintiff Tracy Jackson in May 2009 [see Doc. 1]. On April 30, 2010, plaintiff Uless Joe Arnold filed a case in the circuit court for Campbell County, Tennessee, asserting allegations relating to an unlawful arrest occurring in May 2009. On May 27, 2010, defendants removed plaintiff Uless Joe Arnold's case to federal court, where it became case number 3:10-CV-240. Defendants assert that plaintiff Uless Joe Arnold's allegations arise out of the same transaction and occurrence, involve the same defendants, and assert the same allegations of wrongdoings as in case number 3:10-CV-153. Thus, defendants assert, these two cases are proper for joinder and consolidation. In light of the lack of opposition, and upon the Court's review of defendants' motion to consolidate and the relevant law, the Court finds defendants' motions to be well-founded and that these cases arise out of the same facts, involve common questions of law and fact, involve substantially similar parties, and should therefore be consolidated. Fed. R. Civ. P. 42(a). Defendants' motions to consolidate [Doc. 6 in case number 3:10-CV-153 and Doc. 8 in case number 3:10cv240] are hereby GRANTED. Accordingly, case number 3:10-CV240 is hereby CONSOLIDATED with case number 3:10cv153. Case number 3:10-CV-153
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will be the lead case and the parties are hereby ORDERED to file all pleadings in case number 3:10-CV-153. IT IS SO ORDERED.

s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE

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