FS Medical Supplies, LLC v. Tanner Pharma UK Limited et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:23-cv-00598-RJC-WCM
FS MEDICAL SUPPLIES, LLC, )
)
Plaintiff, )
)
) MEMORANDUM AND
) RECOMMENDATION
v. 	)
)
TANNER PHARMA UK LIMITED; )
RAYMOND FAIRBANKS BOURNE; )
and MARY EVERETT )
WHITEHURST BOURNE, )
)
Defendants. )
_____________________________________ )
On January 17, 2024, this matter came before the Court for an initial
pretrial conference and a hearing on Plaintiff’s Motion to Consolidate this
action with FS Medical Supplies, LLC v. TannerGAP, Inc. and Tanner Pharma
UK Limited, No. 3:21-cv-00501-RJC-WCM (“Tanner I”).
For the reasons set out in the undersigned’s Memorandum and
Recommendation filed contemporaneously herewith in Tanner I, the
undersigned respectfully RECOMMENDS that Plaintiff’s Motion to
Consolidate (Tanner I, Doc. 127) be GRANTED IN PART, and that this matter
(No. 3:23-cv-00598-RJC-WCM) and Tanner II (No. 3:21-cv-00501-RJC-WCM)
be CONSOLIDATED for discovery purposes.
Case 3:23-cv-00598-MR-WCM Document 75 Filed 02/14/24 Page 1 of 3

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The undersigned FURTHER RECOMMENDS that a Pretrial Order and
Case Management Plan be entered as outlined in the Memorandum and
Recommendation filed Tanner I.
Signed: 2/12/2024
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Time for Objections
The parties are hereby advised that, pursuant to Title 28, United States
Code, Section 636, and Federal Rule of Civil Procedure 72(b)(2), written
objections to the findings of fact, conclusions of law, and recommendation
contained herein must be filed within fourteen (14) days of service of same.
Responses to the objections must be filed within fourteen (14) days of service
of the objections. Failure to file objections to this Memorandum and
Recommendation with the presiding District Judge will preclude the parties
from raising such objections on appeal. See Thomas v. Arn, 474 U.S. 140, 140
(1985); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984).
Case 3:23-cv-00598-MR-WCM Document 75 Filed 02/14/24 Page 3 of 3