Bank of England v. Barrett et al

Filing 20

ORDER CONSOLIDATING CASES granting 19 Motion to Consolidate Cases; directing the Clerk to transfer case 4:16CV00546 JM to the docket of Judge Susan Webber Wright; directing the Clerk to enter this order in each of the consolidated cases; and advising the parties that all future filings should be made only in the lead case, 4:15CV00683 SWW. Signed by Judge Susan Webber Wright on 9/14/2016. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

BANK OF ENGLAND d/b/a ENG
Lending
Plaintiff
V.
TREVOR BARRETT and BARRETT
FINANCIAL GROUP LLC
Defendants

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NO: 4:15CV00683 SWW
(LEAD CASE)

CONSOLIDATED WITH
TREVOR BARRETT and BARRETT
FINANCIAL GROUP LLC
Plaintiffs
V.
BANK OF ENGLAND d/b/a ENG
Lending and Does
Defendants

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NO: 4:15CV00546 SWW

ORDER CONSOLIDATING CASES
Before the Court is the parties’ joint motion [ECF No. 19], asking this Court to
consolidate this lead case with a related action that was transferred to this Court from the United
States District Court for the District of Arizona and filed as Barrett Financial Group, LLC v.
Bank of England d/b/a ENG Lending, 4:16CV00546 JM (E.D. Ark.).
Rule 42(a) of the Federal Rules of Civil Procedure governs consolidation of separate
actions and provides: “ If actions before the court involve a common question of law or fact, the

court may. . . consolidate the actions . . . . ” Fed. R. Civ. P. 42(a). Here, the Bank of England,
d/b/a/ ENG Lending, (“BOE”) brought this action, charging that Defendant Trevor Barrett
breached an employment agreement and improperly diverted funds to Defendant Barrett
Financial Group LLC. Subsequently, Defendants filed suit against BOE in the District of
Arizona, asserting several claims arising from the same employment agreement and relationship
at issue in this case. The cases are at the same stage of litigation, concern the same employment
agreement, and involve the same parties and overlapping claims. The Court finds that the cases
should be consolidated.
IT IS THEREFORE ORDERED that this lead case, Bank of England d/b/a ENG Lending
v. Trevor Barrett and Barrett Financial Group LLC, No. 4:15CV00683 SWW, and Barrett
Financial Group, LLC v. Bank of England d/b/a ENG Lending, No. 4:16CV00546 JM, are
hereby CONSOLIDATED. Case No. 4:16CV00546 JM should be transferred to the docket of
United States District Judge Susan Webber Wright.

IT IS FURTHER ORDERED that the Clerk shall enter this order in each of the
consolidated cases, and the parties are advised that all future filings should be made only in
the lead case, No. 4:15CV00683 SWW.

IT IS SO ORDERED THIS 14TH DAY OF SEPTEMBER, 2016.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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