Opinion
CASE NO. 1:15-CV-00564
11-24-2015
JOSEPH WALLS, ET AL., Plaintiffs, v. HOST INTERNATIONAL, INC., ET AL., Defendants.
OPINION & ORDER
[Resolving Doc. 38]
:
In this case, Plaintiffs Joseph Walls, Dawn Stiger, David Hill, and Melinda Sexton seek to recover unpaid overtime wages they are allegedly owed. Defendants Host International, Inc., and HMS Host Tollroads, Inc., move the Court to sever Plaintiffs' claims for trial. For the following reasons, the Court DENIES Defendants' motion.
Doc. 18.
Doc. 38. Plaintiffs oppose. Doc. 39.
Federal Rule of Civil Procedure 42(b) authorizes a court to conduct separate trials of particular issues and claims, "[f]or convenience, to avoid prejudice, or to expedite and economize." Trial courts have discretion over granting Rule 42(b) motions.
See Saxion v . Titan-C-Mfg, Inc., 86 F.3d 553, 556 (6th Cir. 1996).
On August 4, 2015, this Court denied a similar motion to sever and dismiss in this case. Since that ruling there has been no new discovery which would change the Court's analysis. Plaintiffs' FLSA claims share many factual and legal issues. Given the similarities, it would be efficient and economical to try the cases together, and doing so would have little risk of prejudicing Defendants.
Doc. 20. --------
For the foregoing reasons, the Court DENIES Defendants' motion to sever Plaintiffs' claims.
IT IS SO ORDERED. Dated: November 24, 2015
s/ James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE