Opinion
2:20-CV-696-WKW [WO]
09-20-2022
ROBERT BLANCHARD, Plaintiff, v. JERRY DONALD WALKER and ACE AMERICAN INSURANCE COMPANY, Defendants. ZURICH AMERICAN INSURANCE COMPANY, Intervenor Plaintiff,
ORDER
W. KEITH WATKINS UNITED STATES DISTRICT JUDGE
Before the court is Plaintiff's Renewed Motion to Consolidate. (Doc. # 70.) Earlier in this litigation, Plaintiff moved to consolidate this action with Blanchard v. Walker, No. 20-CV-265-WKW (M.D. Ala. Apr. 17, 2020) (Blanchard I), “for purposes of appeal.” (Doc. # 41.) That motion was denied as moot because the Order (Doc. # 38) that Plaintiff sought to appeal in this action (Doc. # 42) was vacated (Doc. # 43). (See Doc. # 47.) Relying on Federal Rule of Civil Procedure 42, Plaintiff now renews his motion to consolidate this action with Blanchard I “for consideration, trial and ruling herein.” (Doc. # 70.) The motion is due to be denied.
First, Blanchard I is a closed case. Blanchard I met its demise on August 31, 2020, with the entry of the final judgment. (Blanchard I, Doc. # 20.) There is nothing left to consider, try, or rule on in Blanchard I. Second, Plaintiff did not appeal the final judgment in Blanchard I. To the extent that Plaintiff seeks consolidation to revive an appeal in Blanchard I, that attempt is unavailing. “[C]onsolidation does not cause one civil action to emerge from two,” and “the actions do not lose their separate identity.” McKenzie v. United States, 678 F.2d 571, 574 (5th Cir. 1982). The final judgment in Blanchard I stands on its own, and the time to appeal the final judgment in that action has expired.
For these reasons, it is ORDERED that Plaintiff's Renewed Motion to Consolidate (Doc. # 70) is DENIED.