Facen v. Royal Rotterdam Lloyd S. S. Co.

WEINFELD, District Judge.

Plaintiff in an action pending in the Eastern District of New York moves in this Court to consolidate her action with one pending in this district. There are different plaintiffs in each action, and while one defendant is common to both, an additional defendant is named only in the Eastern District suit. The basis of the motion is that the claim of each plaintiff arises out of one accident and involves the identical state of facts.

Rule 42(a) of the Federal Rules of Civil Procedure, 28 U.S.C., permits consolidation of actions involving common questions of law or fact…