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Winter v. Richman

United States District Court, D. Delaware

May 16, 2018

HERMIONE KELLY IVY WINTER, formerly known as David Allen Allemandi, Plaintiff,
v.
MARC RICHMAN, et al., Defendants. HERMIONE KELLY IVY WINTER, formerly known as David Allen Allemandi, Plaintiff,
v.
DR. P. MUNOZ, et al., Defendants.

          MEMORANDUM ORDER

          HONORABLE LEONARD P. STARK, UNITED STATES DISTRICT JUDGE.

         At Wilmington this 16th day of May, 2018, Plaintiff Hermine Kelly Ivy Winter ("Plaintiff') has filed numerous lawsuits. Many of them contain identical or similar allegations against the same Defendants. The cases include Civ. Nos. 16-890-LPS, 17-1322-LPS, 17-1432-LPS, and 18-351-LPS. In the filings, Plaintiff raises religious diet claims, medical needs claims that include hormone replacement therapy, failure to protect claims, grievance claims, and sexual harassment claims, all in alleged violation of her civil rights pursuant to 42 U.S.C. § 1983. In all cases, Plaintiff proceeds pro se and has been granted in forma pauperis status. The Court has reviewed the complaints in these cases and will consolidate cases and issues to more effectively manage Plaintiffs actions.

         The complaints in the two-above captioned cases involve the same or similar allegations against many of the same defendants, including medical needs/hormone replacement therapy claims, failure to protect claims, and sexual harassment claims. (See Civ. No. 17-1322-LPS at D.I. 3; Civ. No. 17-1432-LPS at D.I. 24)

         Federal Rule of Civil Procedure 42 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 sported 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)). Both complaints concern common questions of law and fact with regard to Plaintiffs medical needs/hormone replacement therapy claims, failure to protect claims, and sexual harassment claims. All other remaining claims raised will be dismissed as they are raised in other actions filed by Plaintiff.

         IT IS THEREFORE ORDERED that:

         1. Civil Action Nos. 17-1322-LPS and 17-1432-LPS are CONSOLIDATED for all purposes.

         2. The caption of the Consolidated Action is as follows:

         v.

         CONSOLIDATED

Civ. No. 17-1322-LPS

         3. The complaint filed in Civil Action No. 17-1322-LPS at D.I. 3 and the amended complaint filed in Civil Action No. 17-1432-LPS at D.I. 24, together, will stand as the complaint in this Consolidated Action insofar as they raise medical needs/hormone replacement therapy claims, failure to protect claims, and sexual harassment claims. All other remaining claims raised are DISMISSED as they are raised in other actions filed by Plaintiff.

         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, court pleadings and documents shall be filed only in Consolidated Civil Action No. 17-1322-LPS. The Court will not accept ...


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