Opinion
8:07CV155.
June 12, 2008
ORDER
This matter is before the court sua sponte.
It has come to the court's attention this matter is related to a later-filed case. Both Nicholas Sampson v. Earl Schenck , et al., 8:07CV155, and Matthew Livers v. Earl Schenk, et al. , 8:08CV107, arise from an investigation into the April 17, 2006 murders of Wayne and Sharmon Stock in Murdock, Nebraska. Both plaintiffs allege the investigation was characterized by police misconduct including coercion of the plaintiffs and witnesses, fabrication of evidence and concealment of exculpatory evidence. Based on the investigation, the plaintiffs allege false murder charges were filed against the plaintiffs and they were incarcerated for over five months. Both plaintiffs allege claims against the defendants in their official and individual capacities pursuant to 42 U.S.C. § 1983. See Filing No. 1 in 8:08CV107 — Livers Complaint; and Filing No. 1 in 8:07CV155 —Sampson Complaint. The named defendants in both cases are the same. In the Livers case, the defendants stated the two cases should be consolidated for discovery. See Filing No. 40 in case 8:08CV107 — Report of Parties Planning Report p. 9. The court has reviewed the filings in both cases and it appears the cases may be consolidated, at least for discovery, pursuant toFed.R.Civ.P. 42(a), as both cases arise out of the same set of facts and are based on similar allegations. See EEOC v. HBE Corp. , 135 F.3d 543, 551 (8th Cir. 1998). However, the plaintiff in this case shall have an opportunity to object. Upon consideration,
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IT IS ORDERED:
The plaintiff shall have to on or before June 27, 2008, to show cause why Nicholas Sampson v. Earl Schenck , et al., 8:07CV155, and Matthew Livers v. Earl Schenk, et al. , 8:08CV107 should not be consolidated for purposes of discovery only.