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Island Vibe Cafe v. PCL Construction Enterprises, Inc.

United States District Court, E.D. North Carolina, Eastern Division

October 12, 2017

ISLAND VIBE CAFE, MORNING STAR STABLES, TBM CONSTRUCTION, MICHAEL JANSSEN, and WILLIAM BAILEY, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
PCL CONSTRUCTION ENTERPRISES, INC., and PCL CONSTRUCTORS, INC., Defendants. MARISSA GROSS d/b/a DOWN CREEK GALLERIES, RHONDA G. DERRING, and ROBERT D., on behalf of themselves and all others similarly situated, Plaintiffs,
v.
PCL CONSTRUCTION SERVICES, INC., Defendant. MISS OCRACOKE, INC., STEPHEN J. WILSON, HATTERAS BLUE, INC., STEVEN J. HARRIS, STEVEN WRIGHT, CHARLES EDWARD HOFMANN, and ALEX DANIEL GARRISH, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
PCL CONSTRUCTION ENTERPRISES, INC., PCL CIVIL CONSTRUCTORS, INC., PCL CONSTRUCTION SERVICES, INC., and PCL CONSTRUCTION RESOURCES USA INC., Defendants. MATTHEW BREVELERI, on behalf of himself and all others similarly situated, Plaintiff,
v.
PCL CONSTRUCTION ENTERPRISES, INC. and PCL CIVIL CONSTRUCTORS, INC., Defendants. THOMAS EDGAR, NINA EDGAR, EDWARD WAAS, and JACK LEWIS, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
PCL CIVIL CONSTRUCTORS, INC., Defendant. BRIGGS MCEWAN, LAS OLAS, INC., TRI-V CONERY, INC., TAMILYNETTE GRAY d/b/a FAMILY WATER ADVENTURES, DANIEL SPAVENTA, KAREN FITZPATRICK, and EDWIN FITZPATRICK, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
PCL CIVIL CONSTRUCTORS, INC., PCL CONSTRUCTION ENTERPRISES, INC., and PCL CONSTRUCTION SERVICES, INC., Defendants.

          ORDER

          JAMES C.DEVER III CHIEF UNITED STATES DISTRICT JUDGE

         On September 26, 2017, pursuant to Federal Rules of Civil Procedure 16(a), 23 (g), and 42(a), plaintiffs in these six cases asked the court to enter an order consolidating these six cases, appointing interim lead counsel, and instructing the parties to meet and confer and to submit an initial proposed case management plan. Defendants do not oppose the motion.

The moving plaintiffs in the following six cases are:
1. Island Vibe Cafe, et al. v. PCL Construction Enterprises. Inc.. et al. No. 4:17-cv-101-D ("Island Vibe");
2. Gross d/b/a Down Creek Galleries, et al. v. PCL Construction Services. Inc. No. 4:17-cv-102-D ("Gross");
3. Miss Qcracoke. Inc. et al. v. PCL Construction Enterprises. Inc.. et al. No. 4:17-cv-103-D ("Miss Ocracoke");
4. Breveleri. et al. v. PCL Construction Enterprises. Inc.. et al.. No. 4:17-cv-107-D ("Breveleri");
5. Edgar, et al. v. PCL Civil Constructors. Inc.. No. 5:17-cv-445-D ("Edgar"); and
6. McEwan v. PCL Civil Constructors. Inc.. No. 2:17-cv-40-D f "McEwan"!

         There is a seventh case, Arch Insurance Co. v. PCL Civil Constructors. Inc.. No. 4:17-cv-126-D ("Arch Insurance"), that also involves claims arising out of the power outage affecting Ocracoke and Hatteras, North Carolina. Arch Insurance has moved to intervene in four of the putative class actions: Miss Ocracoke, Breveleri, Edgar, and McEwan. Plaintiffs' counsel are in the process of meeting and conferring with counsel for Arch Insurance, but Arch Insurance has not yet taken a position on consolidation of its action with the other actions.

         Under Rule 42(a), "[i]f actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or delay." Fed.R.Civ.P. 42(a). The court finds that the plaintiffs in the six above-captioned actions ("actions") assert one or more similar claims against defendant PCL Civil Constructors, Inc., or other named PCL entities (collectively "defendants" or "PCL") arising out of the power outage affecting Ocracoke and Hatteras, North Carolina, as more specifically alleged in the actions. Plaintiffs in the actions have agreed to consolidate the actions for all purposes, and defendants do not oppose the motion. Upon consolidation of the actions, and the designation of a master case file, plaintiffs intend to file in due course a master consolidated amended complaint, or, if circumstances warrant, more than one consolidated complaint, with the intention that these complaint(s) shall become the operative complaint(s) for the actions and allow for the more efficient resolution of these actions.

         In sum, the court hereby ORDERS as follows:

         1. CONSOLIDATION OF RELATED ACTIONS.

         a. The court finds that the record and relevant pleadings reflect that the actions assert one or more similar claims arising out of the power outage affecting Ocracoke and Hatteras, North Carolina and reflect one or more common issues of fact or law. Accordingly, the court finds that the Island Vibe Cate, Gross, Miss Ocracoke, Breveleri, Edgar, and ...


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