Fulmore v. Best Buy Co., 3:19-CV-419-RJC-DCK. (2019)
Court: District Court, W.D. North Carolina
Number: infdco20191223d46
Visitors: 12
Filed: Dec. 20, 2019
Latest Update: Dec. 20, 2019
Summary: ORDER DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on Plaintiff's "Consent Motion To Consolidate For Discovery And Trial" (Document No. 23) filed December 20, 2019. The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c), and immediate review is appropriate. Having carefully considered the motion and the record, the undersigned will deny the motion. By the instant motion, Plaintiff seeks to consolidate this action with a relat
Summary: ORDER DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on Plaintiff's "Consent Motion To Consolidate For Discovery And Trial" (Document No. 23) filed December 20, 2019. The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c), and immediate review is appropriate. Having carefully considered the motion and the record, the undersigned will deny the motion. By the instant motion, Plaintiff seeks to consolidate this action with a relate..
More
ORDER
DAVID C. KEESLER, Magistrate Judge.
THIS MATTER IS BEFORE THE COURT on Plaintiff's "Consent Motion To Consolidate For Discovery And Trial" (Document No. 23) filed December 20, 2019. The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and immediate review is appropriate. Having carefully considered the motion and the record, the undersigned will deny the motion.
By the instant motion, Plaintiff seeks to consolidate this action with a related action pending in the Superior Court of Mecklenburg County, North Carolina. (Document No. 23). The undersigned recognizes the logic of Plaintiff's request and appreciates that the other parties consent. However, the undersigned is not persuaded that this Court has authority to consolidate a pending state court action. Instead, Plaintiff might achieve her desired result by amending her Complaint here to add a new defendant, or seeking consolidation if/when the related state court action is removed to this Court.
IT IS, THEREFORE, ORDERED that Plaintiff's "Consent Motion To Consolidate For Discovery And Trial" (Document No. 23) is DENIED WITHOUT PREJUDICE.
Source: Leagle
