Victor Evertte Silvers v. United States

facts or other grounds why the cases should be maintained as separate actions.

If, however, Plaintiff agrees that the claims in the two cases should be consolidated into one action, he has two options. First, the Plaintiff can voluntarily dismiss this action by filing a Notice of Dismissal in accordance with Federal Rule of Civil Procedure 41(a)(1) and adding the claims in this lawsuit to an amended complaint in the first lawsuit. There is a simple process for Plaintiff to do so. Plaintiff recently filed a motion to amend his complaint in the first lawsuit and, by separate order in that case, the Court is granting Plaintiff leave to amend the complaint. When Plaintiff files an amended complaint in the first lawsuit, he can add the claims and defendants from this lawsuit (including his claims under the Federal Tort Claims Act, Rehabilitation Act, and Eighth Amendment), in addition to the other proposed amendments.

Alternatively, if Plaintiff prefers that the two cases be formally consolidated, he can file a response to the order to show cause stating that he agrees to consolidation. However, Plaintiff is advised that formal consolidation is likely to lead to greater delays than…