Ball v. Antoun

Filing 29

MEMORANDUM OPINION AND ORDER MOTIONS by David Ball to Consolidate Civil Actions 1:24-cv-00249 and 1:24-cv-00323 (ECF Nos. 7 and 20) are GRANTED and the court ORDERS these two cases CONSOLIDATED; designating Civil Action No. 1:24-cv-00249 as the l ead case. Having consolidated the cases, the operative scheduling order for both cases is the one entered in Civil Action No. 1:24-cv-00249. Documents should bear both case numbers and need only be filed in the lead case. Signed by Senior Judge David A. Faber on 8/29/2024. (cc: counsel of record) (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
DAVID BALL,
Plaintiff,
v.

CIVIL ACTION Nos. 1:24-00249
1:24-00323

BASIM ANTOUN, M.D.,
Defendant.

MEMORANDUM OPINION AND ORDER
Pending before the court are motions to consolidate these civil
actions.

(ECF No. 20 and ECF No. 7).

Defendant does not object

to consolidation.
Federal Rule of Civil Procedure 42(a) provides:
If actions before the court involve a common
question of law or fact, the court may: (1) join
for hearing or trial any or all matters at issue
in the actions; (2) consolidate the actions;
or (3) issue any other orders to avoid
unnecessary cost or delay.
Consolidation decisions lie within the discretion of the court.
See North Carolina Natural Gas Corp. v. Seaboard Surety Corp., 284
F.2d 164, 167 (4th Cir. 1960); see also A/S J. Ludwig Mowinckles
Rederi v. Tidewater Construction Corp., 559 F.2d 928, 933 (4th Cir.

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1977) (“District courts have broad discretion under F. R. Civ. P.
42(a) to consolidate causes pending in the same district.”).
It appears to the court that consolidation of these cases is
warranted because not only would consolidation promote judicial
economy, but it would also reduce the financial and other burdens
imposed on the parties and their witnesses.
court finds:

In so concluding, the

1) both cases involve common questions of fact; 2)

both cases involve common questions of law; and 3) the parties will
not be prejudiced by consolidation of the two actions.
Based on the foregoing, the motions to consolidate are GRANTED
and the court ORDERS these two cases CONSOLIDATED.

Civil Action

No. 1:24cv00249 is hereby designated as the lead case.

Having

consolidated the cases, the operative scheduling order for both cases
is the one entered in Civil Action No. 1:24-cv-00249.

Documents

should bear both case numbers and need only be filed in the lead
case.
The Clerk is directed to send copies of this Memorandum Opinion
to counsel of record.
IT IS SO ORDERED this 29th day of August, 2024.
ENTER:

David A. Faber
Senior United States District Judge

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