Amy v Kennedy

Filing 52

ORDER to Consolidate by Judge Richard A Jones. The court accordingly directs the clerk to CONSOLIDATE these cases, designating this case as the lead case and the related case (13-cv-762) as the member case. All filings shall be made in the lead case, and all filings shall bear the same caption as this order. (CL)

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1 HONORABLE RICHARD A. JONES 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 “AMY”, CONSOLIDATED 10 Plaintiff, v. 11 LEAD CASE NO. C13-17 RAJ 12 JOSHUA OSMUN KENNEDY 13 Defendant. MEMBER CASE NO. C13-762 RAJ ORDER 14 15 16 Defendant Joshua Kennedy moves the court for an order consolidating Vicky v. 1 17 Kennedy, Case No. C13-762 RAJ with this case. Dkt. # 49. Plaintiff “Amy” consents to 18 consolidating the two cases for pretrial purposes, but opposes consolidation for purposes 19 of trial. Vicky received notice of the motion for consolidation, and joined in Amy’s 20 response. Case No. C13-762 RAJ, Dkt. ## 27-28. 21 Amy and Vicky seek damages for personal injury arising from Kennedy’s 22 transportation of images of child pornography depicting Amy and Vicky. They both 23 allege claims for violation of 18 U.S.C. §§ 2252A and 2255. Vicky also alleges claims 24 for intrusion into private affairs and intentional infliction of emotional distress. Both 25 26 27 1 “Amy” and “Vicky” are pseudonyms for victims depicted in child pornography images. ORDER - 1 1 cases arise out of defendant’s prior felony criminal conviction of transportation of child 2 pornography. 3 The court finds consolidation appropriate, because the cases present common 4 questions of law and fact, and because the court can more efficiently manage them as a 5 single proceeding. Fed. R. Civ. P. 42(a). The court accordingly directs the clerk to 6 CONSOLIDATE these cases, designating this case as the lead case and the related case 7 as the member case. The court directs the clerk to place a copy of this order on the 8 docket of the member case. After that, no party shall make any filing in the member case 9 unless the court specifically directs them to do so. All filings shall be made in the lead 10 case, and all filings shall bear the same caption as this order. If Amy or Vicky believes 11 that the trial should be bifurcated after discovery and resolution of any summary 12 judgment motions, they may file a motion to bifurcate the trial. 13 Dated this 8th day of October, 2013. 14 A 15 16 The Honorable Richard A. Jones United States District Judge 17 18 19 20 21 22 23 24 25 26 27 ORDER - 2

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