Case 8:10-cv-01991-DKC Document 22 Filed 10/19/10 Page 1 of 4

IN UNITED STATE DISTRICT COURT FOR THE DISTRICT OF MARYLAND

(SOUTHERN DIVISION)

CHRISTINA P. LIPPY, et al.,

Plaintiffs,

v. Civil Action No.: PJM 10-627

UNITED STATES OF AMERICA,

Defendant.

AND

KENNETH MALLARD, et al.,

Plaintiffs,

v. Civil Action No.: DKC 10-1991

UNITED STATES OF AMERICA,

Defendant.

JOINT MOTION TO CONSOLIDATE

COMES NOW, the Plaintiffs, Christina P. Lippy and Kenneth Mallard on their

respective behalf and on behalf of those whom each represents, by and through their

Counsel, Robert D. Schulte and Schulte Booth, P.C., Michael L. Rowan and Ethridge,

Quinn, Kemp, McAuliffe, Rowan and Hartinger, and pursuant to Rules 42 of the Federal

Rules of Civil Procedure and Local Rule 105 hereby moves to join together and consolidate

the above-noted actions as further set forth below. As grounds, Plaintiffs submit the

following:

1. These are wrongful death cases prompted by the crash of a Maryland State

Police Medevac Helicopter Trooper 2 (“the Aircraft”) that occurred on September 27, 2008.

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2. Among other things, Plaintiffs have alleged that the crash and their resultant

damages were occasioned by the negligence of the United States of America, and

specifically, its constituent agency, the Federal Aviation Administration and those in its

employ.

3. On board the Aircraft were five (5) individuals, including the decedent Pilot.

4. Two of those individuals and those claiming through them, have filed suit

against the United States of America – Christina P. Lippy in the matter styled as Christina

P. Lippy et al. v. United States of America, 8:10-cv-00627-PJM and Kenneth Mallard in the

matter styled as Mallard et al v. United States of America 8:10-cv-01991-DKC.

5. It is anticipated that the other victims of the crash of the Aircraft too will file

suit against Defendant United States of America.1

6. Each of these suits, pending and to be filed, involve common questions of law

and fact, including the sequence of events leading up to the crash of the Aircraft and the

duty of care owed by Defendant and others to those on board the Aircraft and the breach of

those duties, if any, and causation.

7. The undersigned counsel has communicated with Counsel for Defendant

United States of America, Robert J. Gross, Esq., who has indicated that Defendant

consents to this Motion.

8. All Plaintiffs’ counsel of record in both matters have advised the undersigned

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Yet to file suit are Ms. Jordan Wells, the sole survivor of the crash of Trooper 2, and Ms. Ashley Younger,
who, along with her friend Ms. Wells, was victim of a motor vehicle accident necessitating the medical
evacuation flight. Also, AIG Aviation, the subrogee of the State of Maryland, has recently filed an
administrative claim with the United States Government for the hull value of the accident helicopter. It is
anticipated that Ms. Wells, the Estate of Ms. Younger and AIG will each file suit by the end of this year. It is
not anticipated that the Estate of the Pilot will file suit.

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that they join in this Motion.

9. For these reasons, and for the reasons of judicial economy, Plaintiffs

respectfully request that the Motion to Consolidate be granted.

WHEREFORE, Plaintiffs respectfully ask that this Honorable Court:

A. Consolidate the matters of Lippy et al. v. United States of America, PJM 10-

627 and Mallard et al v. United States of America, DKC 10-01991;

B. Join in this action all other claimants who may file against the United States

Government as a result of the crash of the Aircraft;

C. Vacate the Scheduling Order issued in the matter of Lippy v. United States

and Mallard v. United States (if any) until such time as these and all related matters are

consolidated into one action; and

D. Provide such other and further relief as the nature of this cause may require.

Respectfully submitted by:

SCHULTE BOOTH, P.C.

By: /s/
Robert D. Schulte (FBN 24868)
3001 Elliott Street
Baltimore, Maryland 21224

(410) 732-1315
rschulte@schultebooth.com

Counsel for Plaintiffs Chrissy P. Lippy

Mickey Lippy and Madison Jade Lippy

and

ETHRIDGE, QUINN, KEMP, McAULIFEE

ROWAN & HARTINGER

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By: /s/
Michael L. Rowan (FBN 12980)
33 Wood Lane
Rockville, Maryland 20850

(301) 762-1696
mlr@eqkmrh.com

Counsel for Plaintiffs Kenneth Mallard, Kenneth

Mallard as Parent and Next Friend of Kenneth
Rashard Mallard, and the Estate of Tonya
Mallard

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 14th day of October, 2010 the foregoing Motion to
Consolidate was filed in accordance with the CM/ECF system of the United States District
Court for the District of Maryland and therefore served upon all counsel of record.

/s/
ROBERT D. SCHULTE