Fontaine v. Metro North Commuter Railroad Company

Justia Dockets & Filings Second Circuit Connecticut District Court Fontaine v. Metro North Commuter Railroad Company

Fontaine v. Metro North Commuter Railroad Company

Plaintiff:	Timothy Fontaine
Defendant:	Metro North Commuter Railroad Company
Case Number:	3:2013cv01261
Filed:	August 29, 2013
Court:	U.S. District Court for the District of Connecticut
Office:	New Haven Office
County:	Fairfield
Presiding Judge:	Charles S. Haight
Nature of Suit:	P.I.: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 19, 2014	Filing 18 ORDER OF TRANSFER (see attached). The Court, having granted Plaintiff's consented-to 14 Motion to Re-open the Case for "good cause," pursuant to Fed. R. Civ. P. 60, [Doc. 17 ], hereby respectfully transfers the case to Judg e Arterton for consolidation with the lead case of Sorensen v. Metro-North Commuter Railroad Company, No. 03:13-cv-749 (JBA). See Fed. R. Civ. P. 42(a)(2). The parties agree that this action should be consolidated with seven other ac tions pending in this District, which arise out of a derailment incident involving two Metro-North Commuter Railroad trains in Bridgeport, Connecticut, on May 17, 2013. See Doc. 16 (Affidavit of Patrick J. Filan, counsel for Plaintiff Timot hy Fontaine), paras. 11-13 (averring that "Defense counsel requested consent to consolidate from plaintiff's counsel;" "Plaintiff's counsel agreed to consolidation;" and "A motion to consolidate all of [the] actions arising out of the Metro-North Commuter Railroad derailment has been filed."). Because this case was closed when the motion to consolidate was filed in the other seven pending actions against Metro-North Commuter Railroad, no separate motion t o consolidate was filed in this action. However, in light of the representations of Plaintiff's counsel in his 16 Affidavit, the Court construes the affidavit as a motion to transfer this particular action for consolidation and grants the motion. The case is thus respectfully transferred to Judge Arterton for purposes of consolidation with the Sorensen case. Signed by Judge Charles S. Haight, Jr. on March 19, 2014.(Dorais, L.)

Date Filed

Document Text

March 19, 2014

Filing 18 ORDER OF TRANSFER (see attached). The Court, having granted Plaintiff's consented-to 14 Motion to Re-open the Case for "good cause," pursuant to Fed. R. Civ. P. 60, [Doc. 17 ], hereby respectfully transfers the case to Judg e Arterton for consolidation with the lead case of Sorensen v. Metro-North Commuter Railroad Company, No. 03:13-cv-749 (JBA). See Fed. R. Civ. P. 42(a)(2). The parties agree that this action should be consolidated with seven other ac tions pending in this District, which arise out of a derailment incident involving two Metro-North Commuter Railroad trains in Bridgeport, Connecticut, on May 17, 2013. See Doc. 16 (Affidavit of Patrick J. Filan, counsel for Plaintiff Timot hy Fontaine), paras. 11-13 (averring that "Defense counsel requested consent to consolidate from plaintiff's counsel;" "Plaintiff's counsel agreed to consolidation;" and "A motion to consolidate all of [the] actions arising out of the Metro-North Commuter Railroad derailment has been filed."). Because this case was closed when the motion to consolidate was filed in the other seven pending actions against Metro-North Commuter Railroad, no separate motion t o consolidate was filed in this action. However, in light of the representations of Plaintiff's counsel in his 16 Affidavit, the Court construes the affidavit as a motion to transfer this particular action for consolidation and grants the motion. The case is thus respectfully transferred to Judge Arterton for purposes of consolidation with the Sorensen case. Signed by Judge Charles S. Haight, Jr. on March 19, 2014.(Dorais, L.)

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Defendant: Metro North Commuter Railroad Company
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Plaintiff: Timothy Fontaine
Represented By:	Patrick J. Filan
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