IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MICHAEL EVANS, et al., )
)
Plaintiffs, )
)
v. ) C.A. No. 20-1663 (MN)
)
DOC COMMISSIONER CLAIRE )
DEMATTEIS, et al., )
)
Defendants. )
DAMON O. SMITH, )
)
Plaintiff, )
)
v. ) C.A. No. 21-387 (MN)
)
GOVERNOR JOHN CARNEY, et al., )
)
Defendants. )
MEMORANDUM ORDER
At Wilmington this 4th day of November, 2020,
1. Two lawsuits filed in this Court raise COVID related issues at the Howard R.
Young Correctional Institution (“HRYCI”) in Wilmington, Delaware – Evans v. DeMatteis,
C.A. No. 20-1663 (MN) and Smith v. Carney, C.A. No. 21-387 (MN).
2. Rule 42 of the Federal Rules of Civil Procedure provides for consolidation “[w]hen
actions involv[e] a common question of law or fact . . . to avoid unnecessary costs or delay.”
Fed. R. Civ. P. 42(a). “District courts have the inherent authority to order consolidation sua
sponte.” Plimpton v. Cooper, 141 F. Supp. 2d 573, 575 (W.D. N.C. 2001) (citing Pickle v. Char
Lee Seafood, Inc., 174 F.3d 444 (4th Cir. 1999)). Because both complaints concern common
questions of law and fact, the Court finds it appropriate to consolidate the cases.
IT IS THEREFORE HEREBY ORDERED that:
1. Civil Action Nos. 20-1663 (MN) and 21-387 (MN) are CONSOLIDATED for all
purposes. CIVIL ACTION NO. 20-1663 (MN) SHALL BE THE LEAD CASE.
2. The caption of the Consolidated Action is as follows:
MICHAEL EVANS, et al., )
)
Plaintiff, )
)
v. ) C.A. No. 20-1663 (MN)
) CONSOLIDATED
DOC COMMISSIONER CLAIRE )
DEMATTEIS, et al., )
)
Defendants. )
3. The Complaint filed in C.A. No. 20-1663 (MN) at D.I. 1 and the Amended
Complaint in C.A. No. 21-387 (MN) at D.I. 7 together form the operative pleading. In C.A. 20-
1663, Plaintiffs have been given leave to file an amended complaint on or before January 14, 2022.
(See C.A. No. 20-1663 (MN) at D.I. 432). The deadline to file an amended complaint applies to
the newly formed consolidated action.
4. All documents previously filed to date in the cases consolidated herein are deemed
filed and are part of the record in the Consolidated Action.
5. HEREAFTER, ALL FUTURE COURT PLEADINGS AND DOCUMENTS
SHALL BE FILED ONLY IN CONSOLIDATED C.A. NO. 20-1663 (MN). The Court will
not accept pleadings filed in C.A. No. 21-387 (MN).
IT IS FURTHER ORDERED that:
All pending motions filed in C.A. No. 21-387 (MN) are DISMISSED without prejudice to
refile in the consolidated action. (D.I. 8, 9, 10, 11, 12, 16).
The Honorable Maryellen Noreika
United States District Judge
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