Howard et al v. Knox County, TN et al (TV1)

Filing 34

ORDER OF CONSOLIDATION: The Court finds that the 27 Motion to Consolidate is well-taken, and is granted. Because it is the first-filed of the two cases, it is ORDERED that Howard v. Knox County, Case No. 3:15-CV-06, SHALL SERVE as the lead case for purposes of this consolidation, and all future filings shall only be made in Howard v. Knox County, Case No. 3:15-CV-06. Signed by Magistrate Judge C Clifford Shirley, Jr on 7/27/15. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
ALAN JAMES HOWARD, et al.,
Plaintiffs,
v.
KNOX COUNTY, TENNESSEE, et al.,
Defendants.

ROBERT ROSASCO, et al.,
Plaintiffs,
v.
KNOX COUNTY, TENNESSEE, et al.,
Defendants.

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No. 3:15-CV-06-TAV-CCS

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No. 3:15-CV-098-TAV-CCS

ORDER OF CONSOLIDATION
These cases are before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this
Court, and the referral of the Chief District Judge.
Now before the Court is a Motion to Consolidate Cases, which was filed on behalf of
Defendants Knox County, Tennessee, Knox County Board of Education and Tim Wiegenstein,
in both of the cases captioned above. In their motion, Defendants move the Court to consolidate
these cases because the cases involve nearly identical allegations brought on behalf of three
students in the Knox County Schools.
The Court finds that Rule 42(a) of the Federal Rules permits the Court to consolidate
cases which present common questions 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. Moreover, there has been no timely opposition to the request to consolidate in
either of the cases. See E.D. Tenn. L.R. 7.1, 7.2. Accordingly, the Court finds that the Motion to
Consolidate is well-taken, and it is GRANTED.
Because it is the first-filed of the two cases, it is ORDERED that Howard v. Knox
County, Case No. 3:15-CV-06, SHALL SERVE as the lead case for purposes of this
consolidation, and all future filings shall only be made in Howard v. Knox County, Case No.
3:15-CV-06.
IT IS SO ORDERED.
ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

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