Blasko v. Washington Metropolitan Area Transit Authority

243 F.R.D. 13, 68 Fed. R. Serv. 3d 1322, 2007 U.S. Dist. LEXIS 57434, 2007 WL 2263096
CourtDistrict Court, District of Columbia
DecidedAugust 8, 2007
DocketCivil Action Nos. 07-0833 (RMU), 07-0544(RMU)
StatusPublished
Cited by8 cases

This text of 243 F.R.D. 13 (Blasko v. Washington Metropolitan Area Transit Authority) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blasko v. Washington Metropolitan Area Transit Authority, 243 F.R.D. 13, 68 Fed. R. Serv. 3d 1322, 2007 U.S. Dist. LEXIS 57434, 2007 WL 2263096 (D.D.C. 2007).

Opinion

MEMORANDUM OPINION

URBINA, District Judge.

Granting Plaintiff Blasko’s Partial Consent Motion for Consolidation; Granting in Part and Denying in Part the Defendant’s Motion for Consolidation

I. INTRODUCTION

The plaintiffs, Gregory Schoenborn and Molly Blasko, bring separate wrongful death and survival actions against the defendant, Washington Metropolitan Area Transit Authority CWMATA”). Pursuant to Federal Rule of Civil Procedure 42(a), the defendant moves for full consolidation of these actions, and plaintiff Blasko brings a partial consent motion for consolidation for discovery purposes only. Plaintiff Schoenborn opposes consolidation for any purpose. Because the actions name the same defendant, allege the same claims and arise out of the same incident, the court grants plaintiff Blasko’s partial consent motion to consolidate the actions for discovery purposes. Because it is too early to tell if judicial economy outweighs the risk of prejudice to the plaintiffs, the court denies the defendant’s motion to consolidate the actions for trial.

[15]*15II. FACTUAL & PROCEDURAL BACKGROUND

The plaintiffs allege that on February 14, 2007, Martha Sehoenborn and Sally McGhee were lawfully crossing Pennsylvania Avenue and 7th Street N.W., Washington, D.C., when a bus struck and killed Sehoenborn and McGhee. Sehoenborn Compl. lit 7,10; Blas-ko Compl. tt 8-13. The plaintiffs assert that the defendant owned the bus and employed the driver, Victor Kolako, who was acting within the scope of his employment at the time of the incident. Sehoenborn Compl. 19; Blasko Compl. 114.

On March 19, 2007, plaintiff Gregory E. Sehoenborn, the husband and legal representative of Martha Sehoenborn, filed a wrongful death and survival action against the defendant. On May 4, 2007, Molly E. Blasko, the sister and legal representative of Sally McGhee, filed suit against the defendant. At an initial status conference in the Sehoenborn action on June 19, 2007, the court set discovery dates; the court expects to set discovery dates in the Blasko action at an initial status conference scheduled for August 28, 2007. On June 29, 2007, plaintiff Blasko moved to consolidate the actions for purposes of discovery, and on July 18, 2007, the defendant moved to consolidate the actions in their entirety. The court now turns to the pending motions.

III. ANALYSIS

A. Legal Standard for a Motion to Consolidate

Rule 42(a) of the Federal Rules of Civil Procedure provides that “[w]hen actions involving a common question of law or fact are pending before the court ... it may order all the actions consolidated.” Fed. R.Crv.P. 42(a). By its plain language, Rule 42(a) permits sua sponte consolidation. In re Pepco Employment Litig., 1990 WL 236073, at *1 (D.D.C. Dec.20, 1990); Devlin v. Transp. Commc’ns Int’l Union, 175 F.3d 121, 130 (2d Cir.1999); A/S J. Ludwig Mowinckles Rederi v. Tidewater Constr. Co., 559 F.2d 928, 933 (4th Cir.1977).

Consolidation of actions under Rule 42(a) is “a valuable and important tool of judicial administration.” Devlin, 175 F.3d at 130 (internal quotations omitted). It helps to “relieve[ ] the parties and the [c]ourt of the burden of duplicative pleadings and [c]ourt orders.” New York v. Microsoft Corp., 209 F.Supp.2d 132, 148 (D.D.C.2002). To determine whether consolidation is appropriate, a court should consider both equity and judicial economy. Devlin, 175 F.3d at 130. If “savings of expense and gains of efficiency can be accomplished without sacrifice of justice,” a court may find the actions merit consolidation. Id. (internal quotations omitted).

Actions that involve the same parties are apt candidates for consolidation. 9 Fed. Prac. & Proc. Crv. 2D § 2384. Moreover, consolidation is particularly appropriate when the actions are likely to involve substantially the same witnesses and arise from the same series of events or facts. Davis v. Buffalo Psychiatric Ctr., 1988 WL 47355, at *1 (W.D.N.Y. May 10, 1988). If the parties at issue, the procedural posture and the allegations in each ease are different, however, consolidation is not appropriate. Stewart v. O’Neill, 225 F.Supp.2d 16, 21 (D.D.C.2002). In short, “courts weigh considerations of convenience and economy against considerations of confusion and prejudice.” Chang v. United States, 217 F.R.D. 262, 265 (D.D.C.2003).

B. The Court Grants Plaintiff Blasko’s Partial Consent Motion to Consolidate for Discovery Purposes

The defendant argues that consolidation of discovery promotes judicial economy because both cases arise from the same incident and involve the same questions of law and fact. Def.’s Mot. to Consolidate (“Def.’s Mot.”) at 2. The defendant still expects a substantial amount of discovery, including depositions of the parties’ witnesses and receipt of “records from the United States Attorney’s Office regarding the criminal investigation into the accident.” Def.’s Mem. P. & A. at 4. Plaintiff Blasko concurs stating that the “common questions of fact, and the same set of core facts give rise to the allegations of liability of the defendant identified in both actions.” PI. Blasko’s Mem. P. & A. (“Blasko Mem.”) f 3.

[16]*16Plaintiff Sehoenborn opposes consolidation, arguing that proof of damages is the only issue in the case, and this issue requires “entirely distinct discovery.” PL Schoen-born’s Opp’n to Def.’s Mot. (“Sehoenborn Opp’n”) at 3-4. He contends that any dupli-cative discovery concerns can be worked out by the parties without a court order. Id. at 4. He also argues that consolidation will prejudice his case because extensive discovery has been conducted and consolidation will result in “unnecessary delay, additional costs, confusion, and the loss of ability to control the course of litigation.” Id. at 2-3. Specifically, plaintiff Sehoenborn notes that he has already exchanged a number of discovery requests with the defendant and would have filed expert reports “had some evidence and discovery from other entities been provided promptly.” Id. at 2. Finally, he asserts that any delay caused by the consolidation is “not fair” given the “horrific and tragic incident” that he “has to deal with on a daily basis.” Id. at 4-5.

At the outset, the court notes that consolidation is not precluded when cases are at different stages of discovery. See Monzo v. Am. Airlines, Inc., 94 F.R.D. 672, 673 (S.D.N.Y.1982) (finding consolidation appropriate even though two cases were at different stages of discovery with neither scheduled for immediate trial); see also 9 Fed. Peac. & Proc. § 2383 (stating that actions “at different stages of trial preparation do[ ] not preclude consolidation automatically”). In addition, the court acknowledges plaintiff Schoenborn’s desire to bring closure to the events that transpired on February 14, 2007, while recognizing the need to “balance a reasonable amount of delay in the trial of one case against the avoidance of duplicate efforts in the discovery process.” 8 Fed. Peac. 3d § 42.11[6][d].

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Bluebook (online)
243 F.R.D. 13, 68 Fed. R. Serv. 3d 1322, 2007 U.S. Dist. LEXIS 57434, 2007 WL 2263096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blasko-v-washington-metropolitan-area-transit-authority-dcd-2007.