Lackey v. United States

Background

The opinion concerns two related actions: Lackey v. United States, No. 24-CV-8004, and Lackey v. Mishra et al., No. 25-CV-2572. The second action had been removed from New York State Supreme Court. The Government represented the United States in the first action and several defendants in the removed action.

The plaintiff filed the two actions for procedural reasons. Both arose from the same medical care provided to a decedent that allegedly caused her wrongful death. The actions presented identical issues concerning liability, causation, and damages. The opinion states that the only difference between the cases was the defendants named in them. The parties anticipated that the United States would be substituted as a defendant in the removed action. The opinion also states that Dr. Luong and BronxCare Health System would then be named in the removed action but not in the earlier federal action.

Request to Consolidate

With the consent of all parties, the Government requested consolidation under Federal Rule of Civil Procedure 42(a). The parties also requested that the plaintiff be ordered to file or designate a consolidated complaint by May 2, 2025; that defendants respond by July 1, 2025; and that the April 30, 2025, initial pretrial conference be postponed until after defendants responded.

The court explained that consolidation is discretionary and involves considering convenience, efficient use of court resources, reduced costs, and a fair trial. It concluded that consolidation was warranted because the cases involved the same medical care and overlapping issues, and because consolidation would allow identical discovery and motion practice while reducing the risk of inconsistent outcomes. The opinion states that all parties consented and that no party objected.

Ruling and Case Administration

The court granted the motion to consolidate. It ordered that all future filings be submitted in Case No. 24-CV-8004. The plaintiff must file a consolidated complaint no later than May 2, 2025, and defendants must respond no later than July 1, 2025.

The court adjourned the initial pretrial conference from April 30, 2025, to July 16, 2025, at 9:00 a.m., with the same call-in information. It directed the Clerk of Court to terminate ECF No. 5 in Case No. 25-CV-2572 and ECF No. 13 in Case No. 24-CV-8004, and to close Case No. 25-CV-2572.

The opinion also notes that the Acting United States Attorney certified that BronxCare Health System was an employee of the United States Public Health Service acting within the scope of its employment for purposes of the claims concerning the medical care, except claims arising from alleged actions or inactions of certain employees identified in the notice of removal. For those excepted claims, BronxCare Health System would remain a named defendant and would have separate counsel.