Opinion
Case No. 15-cv-00581-JPG-DGW C/w Case No. 15-cv-00680-JPG-DGW
08-18-2015
KIEWIT INFRASTRUCTURE CO., Plaintiff, v. Madison County Flood Prevention District et al., Defendants. SOUTHWESTERN ILLINOIS FLOOD PREVENTION DISTRICT COUNCIL, Plaintiff, v. KIEWIT INFRASTRUCTURE CO., Defendant/Counter Claimant, v. SOUTHWESTERN ILLINOIS FLOOD PREVENTION DISTRICT COUNCIL, Counter Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff Southwestern Illinois Flood Prevention District Council's (hereafter "Southwestern") Motion (Doc. 13, 15-cv-00680) to Consolidate; Plaintiff Kiewit Infrastructure Co.'s Motion (Doc. 13, 15-cv-00581) to Consolidate; and Defendants Madison County Flood Prevention District, Monroe County Flood Prevention District, St. Clair County Flood Prevention District, and Southwestern's Motion (Doc. 19, 15-cv- 00581) to Dismiss or Consolidate. All motions and responses were timely filed.
Pursuant to Federal Rule of Civil Procedure 42(a) the Court has discretion to consolidate actions that involve a common question of law or fact. Star Ins. Co. v. Risk Marketing Group Inc., 561 F.3d 656, 660 (7th Cir. 2099). Southwester v. Kiewit, (Case Number 15-cv-00680-JPG-DGW) and Kiewit v. Madison County Flood, et al., (Case Number 15-cv-00581-JPG-DGW) both involve common questions of law and fact, namely, issues regarding the contract entered into by the parties on September 23, 2014 with regard to a project referred to as the Levee Certification Design Project.
Therefore, the Court GRANTS Plaintiff Southwestern Illinois Flood Prevention District Council's (hereafter "Southwestern") Motion (Doc. 13, 15-cv-00680) to Consolidate; Plaintiff Kiewit Infrastructure Co.'s Motion (Doc. 13, 15-cv-00581) to Consolidate; and that portion of Defendants Madison County Flood Prevention District, Monroe County Flood Prevention District, St. Clair County Flood Prevention District, and Southwestern's Motion (Doc. 19, 15-cv-00581) to Dismiss or Consolidate with regard to consolidation. That portion of Southwestern's Motion (Doc. 19, 15-cv-00581) to Dismiss or Consolidate with regard to dismissal pursuant to Federal Rules of Civil Procedure 13(a) is DENIED without prejudice.
Accordingly, for the purposes of discovery and trial, the Court hereby CONSOLIDATES Southwester v. Kiewit, (Case Number 15-cv-00680-JPG-DGW) and Kiewit v. Madison County Flood, et al., (Case Number 15-cv-00581-JPG-DGW). All future filing shall bear the consolidated caption used in this order and shall be filed ONLY in Kiewit v. Madison County Flood, et al.,, (Case Number 15-cv-00581-JPG-DGW). The Court will strike any filings in Case Number 15-cv-00680-JPG-DGW subsequent to this order.
The Clerk of Court is DIRECTED to CONSOLIDATE these cases and to file a copy of this Order in both cases.
IT IS SO ORDERED.
DATED: 8/18/2015
s/J . Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE