Killen v. USF Holland, Inc. et al

Filing 32

ORDER granting 31 MOTION to Consolidate Cases filed by Howard R Killen. It is ORDERED that Killen v. USF Holland, Inc., Case No. 3:13-CV-529, SHALL SERVE as the lead case for purposes of this consolidation, and all future filings shall only be made in Killen v. USF Holland, Inc., Case No. 3:13-CV-529.Signed by Magistrate Judge C Clifford Shirley, Jr on April 18, 2014. (RLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
HOWARD R. KILLEN,
Plaintiff,

)
)
)
)
)
)
)

USF HOLLAND, INC., et al.,
Defendants.

HOWARD R. KILLEN,
Plaintiff,
v.
USF HOLLAND, INC., et al.,
Defendants.

No. 3:13-CV-0529-HSM-CCS

)
)
)
)
)
)
)

v.

No. 3:14-CV-69-HSM-CCS

ORDER OF CONSOLIDATION
These cases are before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this
Court, and Standing Order 13-02.
Now before the Court is Plaintiff’s Motion to Consolidate, which moves the Court to
consolidate these cases because they involve identical parties and arise out of the same incident.
No party has responded in opposition to the Motion to Consolidate, and the time for doing so has
expired, see E.D. Tenn. L.R. 7.1. The Court may treat this failure to respond as acquiescence to
the relief sought. See E.D. Tenn. L.R. 7.2.
The Court finds that Rule 42(a) of the Federal Rules permits the Court to consolidate
cases that present a common question of law or fact. The Court finds that these cases present
common questions of law and fact, and the Court finds that it is appropriate to consolidate the

two actions. Accordingly, the Court finds that the Motion to Consolidate is well-taken, and it is
GRANTED.
It is ORDERED that Killen v. USF Holland, Inc., Case No. 3:13-CV-529, SHALL
SERVE as the lead case for purposes of this consolidation, and all future filings shall only be
made in Killen v. USF Holland, Inc., Case No. 3:13-CV-529.
IT IS SO ORDERED.
ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

2