United States District Court, D. Maryland
Richard D. Bennett United States District Judge.
pending in these related actions filed by pro se
Plaintiff Toby Roberto Mackall ("Plaintiff" or
"Major Mackall") against Defendants United States
Department of Defense ("Department of Defense"),
Clark W. LeMasters, Jr., Timothy D. Luedecking, Myron L.
Bell, and Matthew D. Tobin (collectively,
"Defendants") are several motions, including
Defendant Department of Defense's Motions to Consolidate
Cases (RDB-17-0774, ECF No. 5; RDB-17-0865, ECF No. 5).
Plaintiff filed an Opposition to Defendant's Motions to
Consolidate. (RDB-16-0774, ECF No. 6; RDB-17-0865, ECF No.
7.) The parties' submissions have been reviewed, and no
hearing is necessary. See Local Rule 105.6 (D. Md.
2014). For the reasons that follow, Civil Action No.
RDB-17-0774 and Civil Action No. RDB-17-0865 shall be
consolidated, and this case shall proceed as set forth below.
Motions to Consolidate
Fed.R.Civ.P. 42(a), actions before the court may be
consolidated when they "involve a common question of law
or fact." Fed.R.Civ.P. 42(a). "District courts have
broad discretion under F[ed]. R. Civ. P. 42(a) to consolidate
causes pending in the same district." A/S J. Ludwing
Mowinckles Rederi v. Tidewater Const. Co., 559 F.2d 928,
933 (4th Cir. 1977).
Plaintiffs Complaints in Civil Action No. RDB-17-0774 and
Civil Action No. RDB-17-0865 assert claims arising from an
active shooter event in Major Mackall's unit at Fort
Hood, Texas. Specifically, he brings claims challenging his
removal from a leadership position after the event, and a
subsequent investigation into the event. The Individual
Defendants named in Civil Action No. RDB-17-0865 were within
the chain of command that ultimately made the decision to
remove Plaintiff from his position. Plaintiffs claim in Civil
Action No. RDB-17-0774 against the Department of Defense then
asserts that he "was removed from leadership position
prior to an investigation" in violation of his
5th and 14thAmendment rights. In
addition, both cases involve common issues of law concerning
this Court's jurisdiction to resolve Plaintiffs claims.
these cases involve common questions of fact and law, they
will be consolidated. Accordingly, Defendant Department of
Defense's Motions to Consolidate (RDB-16-0774, ECF No. 5;
RDB-17-0865, ECF No. 5) are GRANTED.
are also pending Motions to Dismiss, Motions for Partial
Summary Judgment, and Motions to Stay Motion for Summary
Judgment. These motions will be resolved jointly subsequent
to consolidation of the two cases.
Clerk of this Court is directed to docket the following
Motions from Civil Action No. RDB-17-0865 into the
consolidated RDB-17-0774 case, where the Motions will remain
1. Plaintiffs Complaint (ECF No. 1);
2. Defendants' Motion to Dismiss (ECF No. 10), Response
in Opposition (ECF No. 12), and Reply (ECF No. 18);
3. Plaintiffs Motion for Partial Summary Judgment (ECF No.
4. Defendants' Motion to Stay (ECF No. 20), Response in
Opposition (ECF No. 21), ...