State of New York v. United States Environmental Protection Agency ( 2020 )

USDC SDNY DOCUMENT SOUTHERN DISTRICT OF NEW YORK DOC #: RURAL & MIGRANT MINISTRY, ALIANZA : NACIONAL DE CAMPESINAS, FARMWORKER : ASSOCIATION OF FLORIDA, MIGRANT : 20-cv-10642 & 20-cv-10645 CLINICIANS NETWORK, PINEROS Y CAMPESINOS : UNIDOS DEL NOROESTE, RURAL COALITION, : ORDER UNITED FARM WORKERS, UNITED FARM : WORKERS FOUNDATION, EL COMITE DE APOYO. : A LOS TRABAJADORES AGRICOLAS, STATE OF © : NEW YORK, STATE OF CALIFORNIA, STATE OF © : ILLINOIS, STATE OF MARYLAND & STATE OF : MINNESOTA, : Plaintiffs, : -V- : ANDREW WHEELER & UNITED STATES : ENVIRONMENTAL PROTECTION AGENCY, : Defendants. : LEWIS J. LIMAN, United States District Judge: These cases have both been assigned to the Court due to their relatedness. The Court has scheduled a hearing on an application for a temporary restraining order in 20-cv-10645 for Wednesday, December 23 at 5:00 p.m. For convenience, expedition, and judicial economy, the Court intends to consolidate the two cases into a single action. See Federal Rule of Civil Procedure 42(a)(2); Johnson v. Celotex Corp., 899 F.2d 1281, 1284-85 (2d. Cir 1990) (noting that district courts have “broad discretion to determine whether consolidation is appropriate” and that “courts have taken the view that considerations of judicial economy favor consolidation”); Garber v. Randell, 477 F.2d 711, 714 (2d Cir. 1973) (“[C]onsolidation of stockholders’ suits during pretrial stages pursuant to [Rule 42] may benefit both the court and the parties by expediting pretrial proceedings, avoiding duplication and harassment of parties and witnesses, and minimizing expenditure of time and money by all persons concerned.”). IT IS HEREBY ORDERED that, by December 28, at 5:00 p.m., any party objecting to consolidation shall file a letter on ECF, not to exceed two pages, explaining why the cases should not be consolidated for all purposes. SO ORDERED. we MEPs, Dated: December 21, 2020 New York, New York LEWIS J. LIMAN United States District Judge