Naples v. Williams et al

Filing 13

ORDER consolidating 4:13-cv-667, 4:13-cv-670, and 4:13-cv-723 with this case and the lead case, 4:13-cv-499. Signed by Judge D. P. Marshall Jr. on 1/13/14. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JAMES J. NAPLES,
Assignee of Pinewood Enterprises

v.

APPELLANT

Nos. 4:13-cv-499-DPM
& 4:13-cv-547-DPM

RENEE S. WILLIAMS, Chapter 7
Trustee, LHSW and MICHAEL E.
COLLINS, Chapter 11 Trustee

APPELLEES
and

JAMES J. NAPLES,
Assignee of Pinewood Enterprises

v.

APPELLANT

No. 4:13-cv-667-DPM

RENEE S. WILLIAMS, Chapter 7
Trustee, LHSW; UNITED STATES
TRUSTEE; and MICHAEL E.
COLLINS, Chapter 11 Trustee

APPELLEES
and

A.K. TENNESSEE IRREVOCABLE TRUST;
KIMBRO STEPHENS INSURANCE TRUST;
DAVID KIMBRO STEPHENS, Individually and on
behalf of all the equitable beneficiaries of the
Kimbro Stephens Insurance Trust and the A.K.
Tennessee Irrevocable Trust

v.

APPELLANTS

No. 4:13-cv-670-DPM

RENEE S. WILLIAMS; MICHAEL E. COLLINS;
UNITED STATES TRUSTEE; LIVING HOPE
INSTITUTE, INC.; ESTATE OFWANDAJ.
STEPHENS, afk/a Wanda J. Stephens; and
JAMES J. NAPLES

APPELLEES

and
GREG STEPHENS, as personal representative
of the Estate of Wanda Stephens

v.

APPELLANT

No. 4:13-cv-723-DPM

RENEE S. WILLIAMS, Chapter 7 Trustee, LHSW;
MICHAEL E. COLLINS, Chapter 11 Trustee;
JAMES J. NAPLES, Assignee of Pinewood
Enterprises, LC; UNITED STATES TRUSTEE;
LIVING HOPE INSTITUTE INC.; AK TENNESSEE
IRREVOCABLE TRUST; KIMBRO STEPHENS
INSURANCE TRUST; and DAVID KIMBRO
STEPHENS, Individually and on behalf of the AK
Tennessee Irrevocable Trust, the Kimbro Stephens
Insurance Trust, and their equitable beneficiaries

APPELLEES

ORDER
Five separate appeals from the same underlying bankruptcy case are
before this Court. Case numbers 4:13-cv-499 and 4:13-cv-547 have already
been consolidated, and the Court has accepted transfer of the other three
cases, Nos. 4:13-cv-667, 4:13-cv-670, and 4:13-cv-723. Among the pending
motions are Naples's notices of related case and motions to consolidate, 4:13cv-499, NQ 9 and 4:13-cv-667, Ng 3. The United States Trustee opposes
consolidation, 4:13-cv-667, Ng 10; no one else has responded.
All five cases arise from a common legal and factual background. The
parties in cases 4:13-cv-667, 4:13-cv-670, and 4:13-cv-723 aren't exactly the
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same. But those three cases are appeals from the same Bankruptcy Court
order, and should be handled together. Though the pending motions ask to
consolidate only 4:13-cv-667 with 4:13-cv-499, consolidating all five cases is
the best way to resolve the parties' disputes and promote efficient use of the
parties' and the Court's resources. The motions, NQ 9 & NQ 3, are granted; No.
4:13-cv-667 is consolidated with lead case 4:13-cv-499. The Court, on its own
motion, consolidates 4:13-cv-667, 4:13-cv-670, and 4:13-cv-723 with 4:13-cv499.

FED.

R. CIV. P. 42(a)(2). The Court directs the Clerk to transfer all

pending motions, and any related responses and replies, to the lead case, No.
4:13-cv-499-DPM. The parties should file all future papers in the lead case,
too, also noting the applicable original case number. Merits briefing is
complete in cases 4:13-cv-499 and 4:13-cv-547; it is stayed pending resolution
of the motions to dismiss in4:13-cv-667 and 4:13-cv-670. To bring 4:13-cv-723
in line, the Court stays merits briefing in that slice of the case too.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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