IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
January 10, 2013
PERRY APSLEY, ET AL., PLAINTIFFS,
THE BOEING COMPANY AND SPIRIT AEROSYSTEMS, DEFENDANTS.
The opinion of the court was delivered by: Karen M. Humphreys United States Magistrate Judge
MEMORANDUM AND ORDER
This matter is before the court on the joint motion of plaintiffs, Olivia J. Housley and Debra L. Smith, and defendants to sever the two plaintiffs' remaining individual claims into two separate actions. (Doc. 441). This case was originally filed in December 2005. The parties assert that the claims which Housley and Smith had in common with other plaintiffs then have now been dismissed and that their remaining individual claims are factually different from the remaining claims of the other 90 or so named plaintiffs in this case. Equally important, Housley and Smith are now represented by new counsel and they prefer to litigate their individual ADEA claims separately from the claims of the other named plaintiffs. The court is satisfied that the parties have shown good cause for severing Housley and Smith's remaining individual claims and the motion shall be GRANTED.
IT IS THEREFORE ORDERED that the parties' joint motion to sever Housley and Smith's remaining individual ADEA claims (Doc. 441) is GRANTED. The Clerk shall assign new docket numbers to the individual lawsuits of Housley and Smith and copy the operative complaint and answers (Docs. 241 and 244) into those dockets.
IT IS FURTHER ORDERED that Housley and Smith shall file amended complaints using their respective new case numbers by February 11, 2013. No additional filing fee is required in connection with the severance of their claims and assignment of new case numbers.*fn1
IT IS SO ORDERED.
Karen M. Humphreys