Lubbe v. Milanovich

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION DARREN LUBBE, § § Plaintiff, § § v. § 1:18-CV-1011-RP § MARK MILANOVICH, et al., § § Defendants. § ORDER On October 28, 2020, counsel for Plaintiff Darren Lubbe (“Lubbe”) indicated to the Court that the parties wished to consolidate this action with Lubbe v. McCraw, et al., 1:19-cv-1073-RP, which involves similar questions of law and fact. (See Order Setting Hr’g, 1:19-cv-1073, Dkt. 39; Mot. Am. Scheduling Order, 1:18-cv-1011-RP, Dkt. 46 (“As mentioned during the last hearing, the parties wish to have this case . . . governed by the same scheduling order as Case No. 1:19-cv-1073 . . . because the facts and issues are nearly identical.”)). The Court informed counsel for Lubbe that it would consider a joint motion to consolidate the cases if the proper motion was filed with the Court. (See Minutes, 1:19-cv-1073, Dkt. 40 (“Motion to Consolidate Forthcoming”)). The parties have not filed a motion to consolidate in either case.1 Federal Rule of Civil Procedure 42(a) permits a district court to consolidate “actions before the court involv[ing] a common question of law or fact.” District courts have broad discretion in determining whether to consolidate cases. See Mills v. Beech Aircraft Corp., 886 F.2d 758, 761–62 (5th Cir. 1989). Consolidation is proper when it will avoid unnecessary costs or delay without prejudicing On December 28, 2020, Lubbe filed a motion to amend the scheduling deadlines in 1:18-cv-1011-RP to match the dates set forth in 1:19-cv-1073-RP. (Mot., 1:18-cv-1011-RP, Dkt. 46). However, the motion does not address consolidation of the two cases. the rights of the parties. See zd.; St. Bernard Gen. Hosp., Inc. v. Hosp. Serv. Ass’n of New Orleans, Inc, F.2d 978, 989 (5th Cir. 1983).

Accordingly, IT IS ORDERED that the parties shall confer as to whether actions 1:19-cv- 1073-RP and 1:18-cv-1011-RP should be consolidated. ‘The parties shall file either an agreed motion to consolidate or a joint notice indicating they do not agree to consolidate the actions on or before January 15, 2021.

SIGNED on December 29, 2020.

Cjecor—— ROBERTPITMAN UNITED STATES DISTRICT JUDGE