City of Huntington, West Virginia v. AmerisourceBergen Drug Corporation et al

Filing 155

MEMORANDUM OPINION AND ORDER directing cases 3:17-cv-01362 and 3:17-cv-01665 CONSOLIDATED; Civil Action No. 3:17-01362 is hereby designated as the lead case. Signed by Judge David A. Faber on 2/7/2020. (cc: counsel of record) (jsa)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
THE CITY OF HUNTINGTON,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-01362

AMERISOURCEBERGEN DRUG
CORPORATION, et al.,
Defendants.
________________________________
CABELL COUNTY COMMISSION,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-01665

AMERISOURCEBERGEN DRUG
CORPORATION, et al.,
Defendants.
________________________________

MEMORANDUM OPINION AND ORDER
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. 1977) (“District courts have broad discretion under
F. R. Civ. P. 42(a) to consolidate causes pending in the same
district.”).

Furthermore, “[a] motion to consolidate is not

required; the court may invoke Rule 42(a) sua sponte.”

Miller v.

United States Postal Serv., 729 F.2d 1033, 1036 (5th Cir. 1984).
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.
the court finds:

In so concluding,

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 court ORDERS these two cases
CONSOLIDATED.

Civil Action No. 3:17-01362 is hereby designated

as the lead case.

Having consolidated the cases, further filings

should bear the caption of both cases but documents need only be
filed in the lead case.
The Clerk is directed to send copies of this Memorandum
Opinion and Order to counsel of record.

*

By Order entered on January 28, 2020, the court informed
the parties of its intent to consolidate these cases for
administrative purposes. Any objection to consolidation was to
be filed by February 4, 2020. None of the parties filed an
objection.
2

IT IS SO ORDERED this 7th day of February, 2020.
ENTER:

David A. Faber
Senior United States District Judge

3