Ohio ex rel. Montgomery v. Louis Trauth Dairy, Inc.

163 F.R.D. 500, 33 Fed. R. Serv. 3d 171, 1995 U.S. Dist. LEXIS 16573, 1995 WL 656476
CourtDistrict Court, S.D. Ohio
DecidedOctober 13, 1995
DocketNo. C-1-93-553
StatusPublished
Cited by12 cases

This text of 163 F.R.D. 500 (Ohio ex rel. Montgomery v. Louis Trauth Dairy, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ohio ex rel. Montgomery v. Louis Trauth Dairy, Inc., 163 F.R.D. 500, 33 Fed. R. Serv. 3d 171, 1995 U.S. Dist. LEXIS 16573, 1995 WL 656476 (S.D. Ohio 1995).

Opinion

ORDER DENYING DEFENDANT’S MOTION FOR SEPARATE TRIALS

SPIEGEL, Senior District Judge.

MOTIONS CONSIDERED

This matter is before the Court on the Defendant Louis Trauth Dairy’s (“Trauth”) Motion for Separate Trial and Modification of Scheduling Order (doc. 315), to which the Plaintiff (doe. 330) and Defendant Borden responded (doc. 329), and Trauth replied (doc. 334).

BACKGROUND

This ease involves claims of a series of conspiratorial acts, on the part of numerous dairies throughout Ohio. The State of Ohio, along with over four hundred school districts, have accused numerous dairies1 across Ohio of violating § 4 of the Clayton Act. Essentially, the Ohio attorney general accuses the Defendants of conspiring to set prices and allocate territories in the sale of milk to school districts. Ohio alleges a series of overlapping conspiracies. The evidence seems to indicate the possibility of two or three conspiracies.2 At least one defendant,

[502]*502Borden, is accused or participating in all of the conspiracies. Much of the Plaintiffs evidence consists of econometric analysis of the Ohio milk market and the bidding practices of the Defendants.

Trauth seeks a variety of relief in its Motion for Separate Trials and Modification of the Scheduling Order. First, Trauth seeks relief from the present discovery time-line. Second, Trauth seeks to be excused from the Summary Jury Trial scheduled for February 1996. Third, Trauth moves for a separate trial for the “Southwestern Conspiracy.” Finally, Trauth, in its reply memorandum, seems to imply an argument that the causes here are misjoined under Rule 20(b). This issue, however, is not properly before the Court. Trauth only raised the misjoinder issue in its reply memorandum. Generally, misjoinder is to be addressed by a motion to sever under Rule 21 which Trauth has not filed nor mentioned in its present memoranda. Ohio, therefore, has not had an opportunity to respond. Accordingly, the Court does not address this final issue.3

DISCUSSION

I. Scheduling Order Modification

The Court finds that in the interests of fairness and justice, the deadline for discovery should be extended. The issues involved in this case are quite complex, and require the need for lengthy depositions of party experts. In addition, Trauth’s involvement in ongoing related litigation in another jurisdiction further amplifies the need for a discovery extension. Accordingly, the Court GRANTS Defendant Trauth Dairy’s Motion to Modify the Scheduling Order. The diseovery schedule is MODIFIED and the Court hereby extends discovery until January 1, 1996.

II. Summary Jury Trial

The Court believes that it is important that all parties be involved in the Summary Jury Trial. In order to promote settlement, it is essential that the parties receive an honest appraisal of the strength of their case from the jury. All parties must be present in order to achieve that end. Furthermore, the state will present evidence here that was not presented in the criminal proceedings. Trauth should be present to perceive the jury’s reaction to this testimony. Accordingly, the Court DENIES Trauth’s motion to be excused from the Summary Jury Trial.

III. Motion for Separate Trials

Defendant Trauth Dairy has moved pursuant to Rule 42(b) to have the “Southwestern Conspiracy” tried separately from the “Eastern Conspiracies.” Trauth claims that a single trial covering all of the alleged conspiracies will result in prejudice to them due to juror confusion, added expense from sitting through a trial where much of the evidence “has nothing to do with Trauth Dairy,” and insufficient time to prepare for trial due to other pending litigation.

Trauth’s motion requires a two step analysis to determine how this case should proceed to trial. First, the Court must determine whether the rules allow for consolidation of the issues here. Second, if a single trial is authorized, should the Court order separate trials regardless. The rules regarding consolidation and separation are contained in Rule 42(a) and (b) of the Federal Rules of Civil Procedure.4 “This rule is a [503]*503codification of a trial court’s inherent managerial power ‘to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and the litigants.’ ” Hendrix v. Raybestos-Manhattan, Inc., 776 F.2d 1492, 1495 (11th Cir.1985) (quoting In re Air Crash Disaster at Florida Everglades, 549 F.2d 1006, 1012 (5th Cir. 1977)).

Parties often confuse a motion to sever, which is encompassed in Rule 21, with a motion for a separate trial, which is contained in Rule 42(b). In its reply brief, Trauth argues that joinder of the alleged conspiracies here is improper under Rule 20(b) and that separate trials will remedy misjoinder. A motion to sever, however, is separate and distinct from a motion for a separate trial. McDaniel v. Anheuser-Busch, Inc., 987 F.2d 298, 304 (5th Cir.1993). Even when actions are improperly joined, it is sometimes proper to consolidate them for trial. 9 Wright & Miller, Federal Practice and Procedure, Civil 2nd § 2382 (1995). “[M]ore than one party can be joined on a side under Rule 20(b) only if there is asserted on behalf or against all of them one or more claims for relief arising out of the same transaction or occurrence____ But the common question by itself is enough to permit consolidation, even if the claims arise out of independent transactions.” Id. (emphasis added); see also, Kenvin v. Newburger, Loeb & Co., 37 F.R.D. 473 (S.D.N.Y.1965); Stanford v. Tennessee Valley Authority, 18 F.R.D. 152, 154 (M.D.Tenn.1955) (trying misjoined cases together on the basis of common question of law). The only requirement in order to consolidate claims for trial is a common question of law. Fed.R.Civ.P. Rule 42(a). As a result, misjoinder itself does not mandate separate trials.

There are numerous common questions of law and fact raised by the alleged conspiracies here. First, at least one defendant, Borden, is accused of participating in all three of the conspiracies. Second, evidence regarding the regulation and economics of the milk industry will be common to all Defendants. Finally, much of the evidence of conspiracy is derived from expert analysis of the milk market for Ohio’s school districts. Consequently, a large issue for the jury in this ease will concern the reliability and accuracy of the experts’ data and opinions. Accordingly, consolidation is proper because the only necessary element for consolidation under Rule 42(a) has be met.

The remaining question is whether the Court should exercise its discretion under Rule 42(b) to order separate trials for the different conspiracies. Under Rule 42(b), the Court may conduct separate trials as to individual claims and issues.

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163 F.R.D. 500, 33 Fed. R. Serv. 3d 171, 1995 U.S. Dist. LEXIS 16573, 1995 WL 656476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohio-ex-rel-montgomery-v-louis-trauth-dairy-inc-ohsd-1995.