Newby v. United States

Background

The order concerns two related actions:

- Raylando D. Newby sued the United States in the Southern District of New York under the Federal Tort Claims Act (FTCA). - Sideke Fogo sued the United States under the FTCA in the Eastern District of New York. That action was later transferred to the Southern District of New York with the parties' consent.

Both actions arose from a motor-vehicle collision on January 13, 2022. The opinion states that a United States Postal Service vehicle driven by Lori M. Mays collided with a private vehicle driven by Raylando D. Newby, with Sideke Fogo as a passenger.

Reasoning

The court applied Federal Rule of Civil Procedure 42(a), which permits a district court to combine actions involving common issues of law or fact to avoid unnecessary cost and delay. The court noted that both actions involved the same collision, that the plaintiffs had been in the same vehicle, that both sued the same defendant under the same statute, and that the parties jointly requested consolidation.

Ruling and case management

The court ordered that the two actions be consolidated for all purposes into the first-filed case, No. 23-CV-4780. The plaintiffs may, but are not required to, file a consolidated complaint by November 30, 2023. If they continue with separate complaints, future filings must display both captions but use only the consolidated docket number, No. 23-CV-4780. The court directed that No. 23-CV-9067 be marked closed.

The court also adjourned the initial case-management conference in No. 23-CV-4780 from November 7, 2023, to January 11, 2024, at 11:00 a.m. The order directed all three parties to submit a pre-conference statement by the stated deadline. It did not resolve the underlying FTCA claims or determine liability or damages.