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Leftwich v. County of Dakota

United States District Court, D. Minnesota

July 3, 2019

Leroy Leftwich, trustee of the statutory class of next of kin to Cameron Leftwich, decedent, Plaintiff,
v.
County of Dakota, Caleb Kocher, Kent Themmes, Cody Swanson, City of Eagan, Jennifer Wegner, Brian Rundquist, and Brian Rezny, Defendants. Leroy Leftwich, trustee of the statutory class of next of kin to Cameron Leftwich, decedent, Plaintiff,
v.
County of Dakota, Damion Giles, Caleb Kocher, Kent Themmes, Bryan Olson, Cody Swanson, City of Eagan, Roger New, Jennifer Wegner, Brian Rundquist, and Brian Rezny, Defendants.

          ORDER

          JOAN N. ERICKSEN UNITED STATES DISTRICT JUDGE

         On October 27, 2016, Cameron Leftwich was arrested and transported to the Dakota County Jail by the City of Eagan Police Department. He died at the jail on October 28, 2016. Leroy Leftwich, trustee of the statutory class of next of kin to Cameron Leftwich, decedent, brought an action, No. 18-cv-1144 (JNE/BRT), against the County of Dakota, the City of Eagan, and several individuals under 42 U.S.C.§ 1983 and state law for failure to provide adequate medical care, failure to train, and wrongful death. The pretrial scheduling order, which was issued on May 29, 2018, set October 29, 2018, as the deadline to file and serve motions to amend the pleadings and January 2, 2019, as the deadline to complete fact discovery. On January 2, 2019, Leroy Leftwich filed a Motion to Amend Scheduling Order to Extend Time and to Amend Complaint. The defendants opposed the motion. On January 22, 2019, the magistrate judge heard the motion and permitted the parties to submit supplemental memoranda.

         After he submitted his supplemental memorandum and before the defendants submitted their supplemental memorandum, Leroy Leftwich, trustee of the statutory class of next of kin to Cameron Leftwich, decedent, brought another action, No. 19-cv-393 (JNE/BRT), under 42 U.S.C. § 1983 and state law for failure to provide adequate medical care, failure to train, and wrongful death. He named each defendant in No. 18-cv-1144 as a defendant in No. 19-cv-393. Leroy Leftwich also named three additional individuals as defendants in No. 19-cv-393.

         In early March 2019, the defendants in No. 19-cv-393 jointly filed a motion dismiss. The next day, in No. 18-cv-1144, Leroy Leftwich filed a motion to consolidate the two actions or, in the alternative, to amend.

         In an Order dated April 9, 2019, and an Amended Order dated April 10, 2019, the magistrate judge denied Leroy Leftwich's Motion to Amend Scheduling Order to Extend Time and to Amend Complaint in No. 18-cv-1144. Leroy Leftwich objected, and the defendants in No. 18-cv-1144 responded. The Court has reviewed the record. Based on that review, the Court affirms the April 9 and 10 Orders because they are neither clearly erroneous nor contrary to law. See 28 U.S.C. § 636(b)(1)(A); Fed.R.Civ.P. 72(a); D. Minn. LR 72.2(a).

         In a Report and Recommendation dated May 14, 2019, the magistrate judge recommended that the defendants' motion to dismiss in No. 19-cv-393 be granted and that Leroy Leftwich's motion to consolidate or, in the alternative, to amend in No. 18-cv-1144 be denied. Leroy Leftwich objected. The magistrate judge filed an Amended Report and Recommendation.[1] Leroy Leftwich reiterated his objections. The defendants in each case jointly responded. The Court has conducted a de novo review of the record. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); D. Minn. LR 72.2(b)(3). Based on that review, the Court modifies the recommended disposition [Docket Nos. 88 and 90 in No. 18-cv-1144; Docket Nos. 35 and 39 in No. 19-cv-393]. Instead of dismissing No. 19-cv-393, the Court stays it pending the resolution of No. 18-cv-1144. See Ritchie Capital Mgmt, L.L.C. v. BMO Harris Bank, N.A., 868 F.3d 661, 664-66 (8th Cir. 2017). The Court accepts the recommendation to deny Leroy Leftwich's motion to consolidate or, in the alternative, to amend in No. 18-cv-1144.

         Based on the files, records, and proceedings herein, and for the reasons stated above, IT IS ORDERED THAT: .

         1. Leroy Leftwich's objections [Docket No. 86 in No. 18-cv-1144] are OVERRULED.

         2. The Orders dated April 9 and 10, 2019 [Docket Nos. 80 and 82 in No. 18-cv-1144] are AFFIRMED.

         3. Leroy Leftwich's motion to consolidate or, in the alternative, to amend [Docket No. 61 in No. 18-cv-1144] is DENIED.

         4. Defendants' Joint Motion to Dismiss [Docket No. 11 in No. 19-cv-393] is DENIED.

         5. No. 19-cv-393 (JNE/BRT) is STAYED pending the resolution of No. 18-cv-1144 (JNE/BRT).

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