United States District Court, Southern District of Georgia, Statesboro Division
November 4, 2014
DARIUS ISHUN GREEN, Plaintiff,
WARDEN BRAD HOOKS, et al., Defendants.
B. AVANT EDENFIELD, JUDGE
Plaintiff Darius Green has filed a motion to consolidate this case with another case, Darius Ishun Green v. Charles Calhoun, et a/., 6:14-cv-103. ECF No.31.
Federal Rule of Civil Procedure 42 permits the consolidation of actions before the court if they involve a common question of law or fact. Fed.R.Civ.P. 42(a). The Eleventh Circuit has encouraged trial courts to make use of Rule 42(a) '"in order to expedite the trial and eliminate unnecessary repetition and confusion.'" Hendrix v. Raybestos-Manhattan, Inc., 776 F.2d 1492, 1495 (11th Cir. 1985) (quoting Dupont v. S. Pac. Co., 366 F.2d 193, 195 (5th Cir. 1966)).
After examining each of the complaints filed, the Court finds that the alleged facts are the same, and it appears that the cases will involve the same issues of law. Thus, consolidating these actions would eliminate unnecessary repetition and confusion, particularly during discovery. In addition, both parties consent to the consolidation of these cases. ECF No. 31 at 4.
Therefore, the Court GRANTS Green's motion to consolidate, ECF No. 31. The clerk is DIRECTED to consolidate this case, 6:14-cv-46, with Green's other action, 6:14-cv-103.