United States District Court, S.D. Illinois
June 6, 2005.
CHARLES D. LEBLANC, Plaintiff,
GETGO TRANSPORTATION COMPANY, L.L.C., Defendant.
The opinion of the court was delivered by: MICHAEL J. REAGAN, District Judge
MEMORANDUM and ORDER
Before the Court is Defendant's Motion to Consolidate (Doc.
10), filed May 16, 2005. Defendant moves the Court to consolidate
the instant action with 2951291 Canada, Inc. doing business as
Transport Raymond Hudon v. Getgo Transportation Company, L.L.C.,
In support of said Motion, Defendant states that plaintiff
Transport Raymond Hudon has filed suit against the same Defendant
involved in this case. Defendant states that both Complaints
arise out of an accident involving Defendant's tractor-trailer
and Plaintiff Transport Raymond Hudon's tractor-trailer on
Interstate 70, Pleasant Mound Township, Bond County, Illinois, on
April 7, 2003. Defendant asserts that both causes of action
involve identical parties, including the same Defendant.
Defendant states that the discovery conducted in both cases will
be similar, if not identical, and involve the same evidence and
experts. The Court notes that in neither case has plaintiff filed
opposition to the Motion. Rule 42(a) of the Federal Rules of Civil Procedure
provides, "[w]hen actions involving a common question of law or
fact are pending before the court, it may order a joint hearing
or trial of any or all of the matters in issue in the actions; it
may order all the actions consolidated; and it may make such
orders concerning proceedings therein as may tend to avoid
unnecessary costs or delay." The Court finds that consolidation
would "avoid unnecessary costs or delay" and would be the most
efficient way in which to proceed.*fn1 Accordingly, the
Court being fully advised in the premises,
IT IS THE ORDER of this COURT that Defendant's Motion to
Consolidate (Doc. 10) be GRANTED, such that this action, civil
cause number 05-229-MJR is hereby CONSOLIDATED with the later
filed action, 2951291 Canada, Inc. doing business as Transport
Raymond Hudon v. Getgo Transportation Company, L.L.C., civil
cause number 05-cv-236-DRH. All further pleadings in this action
shall bear the civil cause number 05-229-MJR and shall be filed
in that action.
IT IS SO ORDERED.