Walls et al v. HMSHost Corporation et al, No. 1:2015cv00564 - Document 40 (N.D. Ohio 2015)

Court Description: Opinion and Order signed by Judge James S. Gwin on 11/24/15 denying defendants' motion to sever plaintiffs' claims into separate trials. (Related Doc. 38 ) (W,M)

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Walls et al v. HMSHost Corporation et al Doc. 40 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: JOSEPH WALLS, ET AL., : : Plaintiffs, : : v. : : HOST INTERNATIONAL, INC., ET AL., : : Defendants. : : ------------------------------------------------------- CASE NO. 1:15-CV-00564 OPINION & ORDER [Resolving Doc. 38] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: In this case, Plaintiffs Joseph Walls, Dawn Stiger, David Hill, and Melinda Sexton seek to recover unpaid overtime wages they are allegedly owed.1/ Defendants Host International, Inc., and HMS Host Tollroads, Inc., move the Court to sever Plaintiffs’ claims for trial.2/ For the following reasons, the Court DENIES Defendants’ motion. Federal Rule of Civil Procedure 42(b) authorizes a court to conduct separate trials of particular issues and claims, “[f]or convenience, to avoid prejudice, or to expedite and economize.”3/ Trial courts have discretion over granting Rule 42(b) motions.4/ On August 4, 2015, this Court denied a similar motion to sever and dismiss in this case.5/ Since that ruling there has been no new discovery which would change the Court’s analysis. Plaintiffs’ FLSA claims share many factual and legal issues. Given the similarities, it would be efficient and economical to try the cases together, and doing so would have little risk of prejudicing 1/ Doc. 18. Doc. 38. Plaintiffs oppose. Doc. 39. 2/ 3/ Fed. R. Civ. P. 42(b). 4/ See Saxion v. Titan-C-Mfg., Inc., 86 F.3d 553, 556 (6th Cir. 1996). Doc. 20. 5/ -1- Dockets.Justia.com Case No. 1:15-CV-00564 Gwin, J. Defendants. For the foregoing reasons, the Court DENIES Defendants’ motion to sever Plaintiffs’ claims. IT IS SO ORDERED. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Dated: November 24, 2015 -2-

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