UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
April 8, 2008
VERSEL GREEN, PLAINTIFF,
NATIONAL GRID, NATIONAL GRID USA SERVICE COMPANY, INC., NIAGARA MOHAWK POWER CORPORATION, NIAGARA MOHAWK, A NATIONAL GRID COMPANY, LOCAL 97, DEFENDANTS.
The opinion of the court was delivered by: William M. Skretny United States District Judge
DECISION AND ORDER
1. Plaintiff commenced this action by filing a Complaint on September 18, 2006. The Complaint is a five page document bearing the caption of the United States District Court for the Western District of New York. It is dated September 15, 2006 and is signed by an attorney, Ruth M. Pollack, Esq. Her signature has a line drawn through it however, and below the signature line appears another signature and the handwritten words "Versel Green Pro Se."*fn1
2. On September 15, 2006, Plaintiff filed a three page Verified Complaint in New York State Supreme Court, Erie County, against the same defendants. That action was removed to this Court and assigned Civil Case Number 07-CV-0060E.
3. Currently pending in the instant action is Defendant Local 97's Motion to Dismiss the Complaint for Insufficient Service. (Docket No. 5).
3. On October 17, 2007, this action and Green v. National Grid, 07-CV-0060E were reassigned to the undersigned after the Hon. John T. Elfvin took inactive senior judge status.
3. Rule 42(a) of the Federal Rules of Civil Procedure permits a court to consolidate actions if they "involve a common question of law or fact." FED. R. CIV. P. 42(a). A court may consolidate actions sua sponte.*fn2 Devlin v. Transportation Communs. Int'l Union, 175 F.3d 121, 130 (2d Cir. 1995) (internal citation omitted).
4. The parties and the allegations in this case and in Green v. National Grid, 07-CV-0060S, are identical. Accordingly, the Court concludes that consolidation of these cases is appropriate and thereby orders the two actions consolidated within Green v. National Grid, 07-CV-0060S.
5. Further, as it is undisputed that Defendant Local 97 was served with the Verified Complaint in 07-CV-0060S, and consented to the removal of the action to this Court, Defendant Local 97's Motion to Dismiss the Complaint in this case is denied as moot.
6. Next, as it appears from the Complaint filed in this action that Plaintiff may be proceeding pro se, the Clerk's Office is directed to mail a copy of this Order to Plaintiff Versel Green at:
120 Meyer Rd. # 603 Amherst, NY 14226
7. The Clerk's Office shall also mail a copy of this Order to Plaintiff's counsel of record as listed in the Court's records.
IT HEREBY IS ORDERED that this action is consolidated with the matter of Green v. National Grid, 07-CV-0060S;
FURTHER, that Defendant Local 97's Motion to Dismiss the Complaint for Insufficient Service (Docket NO. 5) is DENIED as moot; FURTHER, that the Clerk's Office shall mail a copy of this Order to Plaintiff Versel Green at:
120 Meyer Rd. # 603 Amherst, NY 14226;
FURTHER, that the Clerk's Office shall also mail a copy of this Order to Plaintiff's counsel of record as listed in the Court's records;
FURTHER, that the Clerk of the Court is directed to take all steps necessary to close the case.
Buffalo, New York