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JOHNSON v. CITY OF HAZELWOOD, 4:14CV1311 RLW (2014)

Court: District Court, E.D. Missouri Number: infdco20140922720 Visitors: 1
Filed: Sep. 19, 2014
Latest Update: Sep. 19, 2014
Summary: MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, Jr., District Judge. The Court, upon review of the file in case number 4:14CV286 (SNLJ), finds that there is a related cause of action, case number 4:14CV1311 (RLW). Upon review of the complaints in both cases, the Court finds that both actions pertain to the death of Antonio L. Johnson and the circumstances of an arrest that preceded his death. Further, plaintiffs in both actions have alleged a wrongful death claim. Under Missouri law, section 537.08
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MEMORANDUM AND ORDER

STEPHEN N. LIMBAUGH, Jr., District Judge.

The Court, upon review of the file in case number 4:14CV286 (SNLJ), finds that there is a related cause of action, case number 4:14CV1311 (RLW). Upon review of the complaints in both cases, the Court finds that both actions pertain to the death of Antonio L. Johnson and the circumstances of an arrest that preceded his death. Further, plaintiffs in both actions have alleged a wrongful death claim. Under Missouri law, section 537.080 RSMo, "[o]nly one action may be brought. . . against any one defendant for the death of any one person." Federal Rule of Civil Procedure 42 provides for consolidation of cases involving a common question of law or fact. This Court finds that the actions involve common questions of law and fact. Consolidation is, therefore, proper. Therefore, on the Court's own motion and in the interests of judicial economy, the cases will be consolidated.

Accordingly,

IT IS HEREBY ORDERED that Johnson, et al. v. City of Hazelwood, No. 4:14CV1311 (RLW) is consolidated with this action, Johnson, et al. v. City of Hazelwood, et al., No. 4:14CV286 (SNLJ).

IT IS FURTHER ORDERED that Johnson, et al. v. City of Hazelwood, No. 4:14CV1311 (RLW) shall be reassigned to the undersigned in accordance with E.D.Mo. L.R. 4.03.

IT IS FINALLY ORDERED that following consolidation all documents shall be filed in Johnson, et al. v. City of Hazelwood, et al., No. 4:14CV286 (SNLJ).

Source:  Leagle

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