American National Property and Casualty Company v. Clendenen et al

Filing 24

ORDER GRANTING MOTION 20 TO CONSOLIDATE CASES. Lead case is 1:14cv155. Signed by District Judge Irene M. Keeley on 12/3/2014. (tlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

AMERICAN NATIONAL PROPERTY AND
CASUALTY COMPANY,
Plaintiff,
v.

//

CIVIL ACTION NO. 1:14CV155
(Judge Keeley)

TARA CLENDENEN, JAMES CLENDENEN,
MARY A. NEESE Administratrix and
Personal Representative of the Estate
of Skylar Neese, Deceased, DAVID
NEESE, and MARY A. NEESE, individually,
Defendants.

and

ERIE INSURANCE PROPERTY &
CASUALTY COMPANY,
Plaintiff,
v.

//

CIVIL ACTION NO. 1:14CV172
(Judge Keeley)

MARY A. NEESE, Individually and as
Administratrix of the Estate of Skylar
Neese, DAVID NEESE, SHELIA EDDY,
RACHEL SHOAF, TARA CLENDENEN, and
PATRICIA SHOAF,
Defendants.

ORDER GRANTING MOTIONS TO CONSOLIDATE CASES
On

November

18,

2014,

Tara

and

James

Clendenen

(“the

Clendenens”), defendants in Case No. 1:14CV155, filed a motion to

AMERICAN NATIONAL V. CLENDENEN

1:14CV155
AND

ERIE INS. V. NEESE, ET AL.

1:14CV172

ORDER GRANTING MOTIONS TO CONSOLIDATE CASES
consolidate cases (Dkt. No. 20).

Tara Clendenen and co-defendant

Sheila Eddy also filed the same motion in Case No. 1:14CV172 (Dkt.
No. 7).

The plaintiff in Case No. 1:14CV172, Erie Insurance

Property & Casualty Company (“Erie”), does not oppose the motion
(Dkt. No. 21), while the plaintiff in Case No. 1:14CV155, has not
filed a timely response.1

For the following reasons, the Court

GRANTS the motions.
In

1:14CV155,

plaintiff

American

National

Property

and

Casualty Company (“American National”) filed a complaint seeking
the Court’s declaration that it has no duty to defend or indemnify
the Clendenens with respect to an underlying state action.

In

1:14CV172, Erie filed a complaint seeking the Court’s declaration
that it has no duty to defend or indemnify Tara Clendenen and codefendant

Patricia

Shoaf

underlying state action.

(“Shoaf”)

with

respect

to

the

same

Erie does not oppose Clendenen’s motion

1

The Clendenens filed the motion to consolidate in 1:14CV155
on November 18, 2014 (Dkt. No. 20). On November 25, 2014, the
parties stipulated that American National would have additional
time to respond to the two pending motions to dismiss (Dkt. Nos. 17
and 18). That stipulation, however, did not extend to the motion
to consolidate.
Therefore, American National’s deadline for
responding to the motion to consolidate was December 2, 2014.
2

AMERICAN NATIONAL V. CLENDENEN

1:14CV155
AND

ERIE INS. V. NEESE, ET AL.

1:14CV172

ORDER GRANTING MOTIONS TO CONSOLIDATE CASES
to consolidate, and American National again did not respond to the
motion.
“District courts have broad discretion under Fed. R. Civ. P.
42(a) to consolidate cases pending in the same district.”

A/S J.

Ludwig Mowinckles Rederi v. Tidewater Const. Co., 559 F.2d 928, 933
(4th Cir. 1977).

The standard set forth in Fed. R. Civ. P. 42(a)

is whether the actions involve “a common question of law or fact.”
Here, both cases present the same issue of whether American
National and Erie owe their insureds the duty to defend and
indemnify.

Furthermore, the cases depend on the same underlying

set of facts stemming from the death of a young woman named Skylar
Neese.

Although

defendants Patricia Shoaf, Shelia Eddy, and

Rachel Shoaf are not parties to Case No. 1:14CV155, the issues in
both cases are purely legal and can be resolved on motions and
pleadings.

Therefore, consolidation is appropriate.

For these reasons, the Court GRANTS the motions (Dkt. No. 20
in 1:14CV155 and Dkt. No. 7 in 1:14CV172) and ORDERS that these
cases be, and they are, consolidated, and DIRECTS the Clerk to
docket case 1:14CV155 as the lead case.

The Court further DIRECTS

the Clerk to docket the First Order filed in Case No. 1:14CV155

3

AMERICAN NATIONAL V. CLENDENEN

1:14CV155
AND

ERIE INS. V. NEESE, ET AL.

1:14CV172

ORDER GRANTING MOTIONS TO CONSOLIDATE CASES
(Dkt. No. 11) in Case No. 1:14CV172, as it now applies to both
cases.
It is so ORDERED.
The Court directs the Clerk to transmit copies of this Order
to counsel of record.
DATED: December 3, 2014.

/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

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