Opinion
1:22-cv-10120 1:20-cv-13146
03-01-2022
ROSS D. LEVAY, Plaintiff. v. DAVID MORKEN, BANDWITH.COM CLEC., LLC, AND BANDWITH, INC., Defendants. and ROSS D. LEVAY, Plaintiff. v. UNITED STATES OF AMERICA, Defendant.
ORDER CONSOLIDATING CASES
HONORABLE THOMAS L. LUDINGTON, UNITED STATES DISTRICT JUDGE
Plaintiff Ross D. Levay filed two separate actions against two separate sets of defendants. He filed the first action, LeVay v. Morken, No. 20-cv-13146, on November 29, 2020. He filed the second action, LeVay v. United States, No. 1:22-cv-10120, on January 20, 2022.
In both cases, he filed nearly identical motions for recusal under 28 U.S.C. § 144 and § 485. See ECF No. 23, in Case No. 1:20-cv-13146; ECF No. 5, in Case No. 1:22-cv-10120.
On February 24, 2022, this Court directed the defendants in both cases to respond to Plaintiff's motions for recusal. See ECF No. 26, in Case No. 1:20-cv-13146; ECF No. 7, in Case No. 1:22-cv-10120.
Four days later, Plaintiff filed a petition for a writ of mandamus. See ECF No. 27, in Case No. 1:20-cv-13146. The cover of the Petition reads:
CASE NOS. 20-CV-13146, LEVAY V. MORKEN;
22-CV-10120, LEVAY V. UNITED STATES,
EASTERN DISTRICT of MICHIGAN
CONSOLIDATEDECF No. 27 at PageID.148 in Case No. 1:20-cv-13146. In this way, Plaintiff indicates that he would like the cases consolidated.
Given the substantially similar filings and requests in both cases, consolidation is in the interests of efficiency and judicial economy. Consolidation will also reduce confusion, prejudice, and Plaintiff's filing fees for any future identical filings, as he is pro se.
Accordingly, it is ORDERED that LeVay v. Morken, No. 20-cv-13146 and LeVay v. United States, No. 1:22-cv-10120 are CONSOLIDATED into one proceeding under Federal Rules of Civil Procedure 42(a). The parties are DIRECTED to file motions, responsive materials, and other filings under case number 1:20-CV-13146.