Amerisure Mutual Insurance Company v. Structural Masonry, Inc. et al
Order, Civil Action No. 08-704-CG-N & Civil Action No. 09-432-WS-M are CONSOLIDATED as set out. The Clerk is DIRECTED to extract Docs. 1-32 from 09-0432-WS-M & make those documents a part of 08-0704-CG-N. The Clerk is DIRECTED to statistically close 09-0432-WS-M as set out. This matter is referred to MJ/Nelson for entry of an amended scheduled order. Signed by Chief Judge Callie V. S. Granade on 9/28/09. (tot)
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff, vs. STRUCTURAL MASONRY, INC., THE MOBILE PRESS REGISTER, INC., and THE AUSTIN COMPANY, INC., Defendants. and AMERISURE INSURANCE COMPANY, Plaintiff vs. STRUCTURAL MASONRY, INC., THE MOBILE PRESS REGISTER, INC., and THE AUSTIN COMPANY, INC., Defendants. ) ) ) ) ) CIVIL ACTION NO. 09-0432-WS-M ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 08-0704-CG-N ) ) ) ) ) )
ORDER This matter is before the court on the Motion to Consolidate filed on March 2, 2007 (Doc. August 26, 2009 (Doc. 58), in which Structural Masonry, Inc. moves for consolidation of the above-styled actions. The Federal Rules of Civil Procedure provide: "When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all actions consolidated; and it may make such
orders concerning proceedings therein as may tend to avoid unnecessary costs or delay." FED.R.CIV.P. 42(a). Both cases present common issues of law and fact. Neither the co-defendants nor the plaintiffs in either case have voice objections to consolidation. It is hereby ORDERED that: 1. Civil Action No. 08-0704-CG-N and Civil Action No. 09-0432-WS-M should be and hereby are CONSOLIDATED. Such consolidation shall not preclude entry of a new scheduling order in the consolidated matter. 2. The clerk of the court is hereby DIRECTED to extract documents 1 through 32 from Civil Action No. 09-0432-WS-M and make those documents a part of Civil Action No. 08-0704CG-N. 3. The court finds that no present reason exists to maintain Civil Action No. 09-0432WS-M as an open file. Therefore, the clerk is DIRECTED to submit a form JS-6 to the Administrative Office which indicates that such file is statistically closed and thus removed from the pending docket of this court. The clerk shall thereafter maintain Civil Action No. 09-0432WS-M as a closed file. This matter is referred to Magistrate Nelson for entry of an amended scheduling order. DONE and ORDERED this the 28th day of September, 2009. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE
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