Antero Resources Corporation v. South Jersey Resources Group, LLC et al
Filing
61
ORDER GRANTING 58 Motion to Consolidate Cases filed in Civil Action No. 15-cv-00656. South Jersey Resources Group, Llc v. Antero Resources Appalachian Corp., Civil Action No. 16-cv-00167-PAB-CBS, and South Jersey Gas Company V. Antero Resources Ap palachian Corporation, Civil Action No. 16-cv-00179-WYD-NYW are consolidated with Antero Resources Corporation v. South Jersey Resources Group Llc and South Jersey Gas Company, Civil Action No. 15-cv-00656-REB-MEH for all purposes. These civil action s are consolidated and will proceed under the above caption. In all three cases, the Honorable Michael E. Hegarty, United States Magistrate Judge for the District of Colorado, shall act as the magistrate judge. Signed by Judge Robert E. Blackburn on 3/21/2016.(cmira) Modified on 3/21/2016 to add magistrate judge language(cmira).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-00656-REB-MEH
ANTERO RESOURCES CORPORATION,
Plaintiff,
v.
SOUTH JERSEY RESOURCES GROUP LLC and
SOUTH JERSEY GAS COMPANY,
Defendants.
Civil Action No. 16-cv-00167-PAB-CBS
SOUTH JERSEY RESOURCES GROUP, LLC,
Plaintiff,
v.
ANTERO RESOURCES APPALACHIAN CORP.,
Defendant.
Civil Action No. 16-cv-00179-WYD-NYW
SOUTH JERSEY GAS COMPANY,
Plaintiff,
v.
ANTERO RESOURCES APPALACHIAN CORPORATION,
Defendant.
ORDER GRANTING MOTION TO CONSOLIDATE
Blackburn, J.
This matter is before me on the Motion To Consolidate [#58]1 filed in Civil
Action No. 15-cv-00656 on March 1, 2016. Recently, two closely related cases, Civil
Action Nos. 16-cv-00167 and 16-cv-00179, were transferred to this court from the
United States District Court for the District of New Jersey. There is no dispute that
these three cases all involve the same parties and the same questions of law and fact,
namely the interpretation and performance under two contracts for the sale of natural
gas and a determination of the amount owed under these contracts. The defendants in
15-cv-00656 consent to the consolidation of the three cases. Response [#59], filed in
15-cv-00656.
The determination whether to consolidate cases is governed by Rule 42(a) of the
Federal Rules of Civil Procedure, which provides, pertinently:
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 the 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).2 This rule allows the court “to decide how cases on its docket are
to be tried so that the business of the court may be dispatched with expedition and
economy while providing justice to the parties.” Breaux v. American Family Mutual
Insurance Co., 220 F.R.D. 366, 367 (D. Colo. 2004) (quoting 9 C. WRIGHT & A. MILLER,
1
“[#58]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
2
As the district judge to whom the oldest numbered case involved in the proposed consolidation
is assigned for trial, the question whether to consolidate these matters falls to me for determination.
See D.C.COLO.LCivR 42.1.
2
FEDERAL PRACTICE AND PROCEDURE § 2381 at 427 (2nd ed. 1995)). The decision
whether to consolidate cases is committed to my sound discretion. Shump v. Balka,
574 F.2d 1341, 1344 (10th Cir. 1978).
The cases addressed in the motion to consolidate, and shown in the caption of
this order, all present the same questions of law and fact, namely the interpretation and
performance under two contracts for the sale of natural gas and a determination of the
amount owed under these contracts. Common questions of law and fact predominate in
these three cases such that consolidation is appropriate and efficacious.
THEREFORE, IT IS ORDERED as follows:
1. That the Motion To Consolidate [#58] filed in Civil Action No. 15-cv-00656
on March 1, 2016, is granted;
2. That under Fed. R. Civ. P. 42(a)(2) and D.C.COLO.LCivR 42.1, South Jersey
Resources Group, Llc v. Antero Resources Appalachian Corp., Civil Action No.
16-cv-00167-PAB-CBS, and South Jersey Gas Company V. Antero Resources
Appalachian Corporation, Civil Action No. 16-cv-00179-WYD-NYW are consolidated
with Antero Resources Corporation v. South Jersey Resources Group Llc and
South Jersey Gas Company, Civil Action No. 15-cv-00656-REB-MEH for all purposes;
and
3. That all future filings in these consolidated actions shall be captioned as
follows:
3
Civil Action No. 15-cv-00656-REB-MEH
(consolidated with Civil Action No. 16-cv-00167-REB-MEH and Civil Action No.
16-cv-00179-REB-MEH)
ANTERO RESOURCES CORPORATION,
Plaintiff,
v.
SOUTH JERSEY RESOURCES GROUP LLC and
SOUTH JERSEY GAS COMPANY,
Defendants.
4. That in all three cases, the Honorable Michael E. Hegarty, United States
Magistrate Judge for the District of Colorado, shall act as the magistrate judge.
Dated March 21, 2016, at Denver, Colorado.
BY THE COURT:
4
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