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Copyright | Florida Southern
Administrative Order
PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record and Plaintiff's Opposed Motion for Leave to File Third Amended Complaint and, Alternatively, to Supplement Pleading (the "Motion for Leave") 58 . Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions that have common questions of law or fact. Fed. R. Civ. P. 42(a). Here, the Court finds that Case Nos. 1:26-cv-20836-KMM and 0:26-cv-60342-KMM involve common questions of law and fact, such that consolidation is appropriate. Accordingly, Case No. 0:26-cv-60342-KMM is hereby CONSOLIDATED with Case No. 1:26-cv-20836-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No. 0:26-cv-60342-KMM. All future filings MUST be made only in the lead case, Case No. 1:26-cv-20836-KMM. The scheduling conference set for July 6, 2026, before United States Magistrate Judge Panayotta Augustin-Birch is CANCELLED. Additionally, although the Motion for Leave is opposed and briefing is not yet complete, under the circumstances of the consolidation and the addition of four Defendants that would necessitate a new complaint, the Court agrees with Plaintiff that the Motion for Leave is procedurally proper and finds that Defendants' opposition as to the requested leave being duplicative of the pending motion-to-dismiss briefing does not provide a basis to deny repleading pursuant to Federal Rule of Civil Procedure 15. See Dussouy v. Gulf Coast Inv. Corp., 660 F.2d 594, 598 (5th Cir. 1981) ("The policy of the federal rules is to permit liberal amendment to facilitate determination of claims on the merits and to prevent litigation from becoming a technical exercise in the fine points of pleading." (citations omitted)). Accordingly, UPON CONSIDERATION of the Motion for Leave, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion for Leave 58 is GRANTED. All other pending motions in Case No. 0:26-cv-60342-KMM are DENIED AS MOOT. Plaintiff is ORDERED to file a consolidated complaint in the lead case on or before July 2, 2026. The Parties shall hold a scheduling conference within twenty (20) days after the filing of the consolidated complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. All other provisions of the Paperless Pretrial Order (ECF No. 22) in the lead case shall remain in force. Signed by Judge K. Michael Moore on 6/24/2026. (ss02)
Clerk's Notice of Docket Correction - Chambers and Clerks
Clerk's Notice of Docket Correction re 33 Response in Opposition to Motion. Correction Other. Document Replaced Due to Error; I have attached a copy of the correct document to this notice also. (wce)
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