Colony Lender, LLC et al v. Colony Beach & Tennis Club Association, Inc. et al

Filing 7

ORDER: The Agreed Motion to Consolidate Related Cases (Doc. # 6 ) is GRANTED. The Clerk is directed to consolidate case 8:16-cv-2220-T-33 and case 8:16-cv-2323-T-33 for all further proceedings. This action shall proceed under the lead, first-fil ed case of 8:16-cv-2220-T-33, and all future pleadings and briefs shall be filed in that case. Case 8:16-cv-2323-T-33 is administratively closed. Counsel are directed to re-file in the lead case any motions that are currently pending in case 8:16-cv-2323-T-33, if necessary. Signed by Judge Virginia M. Hernandez Covington on 10/17/2016. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
COLONY LENDER, LLC, ET AL.,
Appellants,
v.

Case No. 8:16-cv-2220-T-33
Bankr. Case No. 8:13-bk-348KRM

COLONY
BEACH
&
TENNIS
ASSOCIATION, INC., ET AL.,

CLUB

Appellees.
________________________________/
COLONY BEACH & TENNIS CLUB, INC.,
Appellant,
v.

Case No. 8:16-cv-2323-T-33
Bankr. Case No. 8:13-bk-348KRM

COLONY LENDER, LLC, ET AL.,
Appellees.
________________________________/
ORDER
This matter comes before the Court pursuant to the Agreed
Motion to Consolidate Related Cases (Doc. # 6), filed on
October 11, 2016.

Upon review of Federal Rule of Civil

Procedure 42, which governs the consolidation of related
matters, the Court grants the Motion.
Discussion
Rule 42(a), Fed. R. Civ. P., states: “If actions before
the court involve a common question of law or fact, the court

may (1) join for hearing or trial any or all matters at issue
in the actions; (2) consolidate the actions; or (3) issue any
other orders to avoid unnecessary cost or delay.”

Id.

In Hendrix v. Raybestos-Manhattan, Inc., 776 F.2d 1492
(11th Cir. 1985), the Eleventh Circuit, commenting on the
provisions of Rule 42, Fed. R. Civ. P., noted, “This rule is
a codification of the trial court’s inherent managerial power
‘to control the disposition of the causes on its docket with
economy of time and effort for itself, for counsel, and for
litigants.’” Id. at 1495 (citing In re Air Crash Disaster at
Fla. Everglades, 549 F.2d 1006, 1012 (5th Cir. 1977)).

The

Hendrix court further explained, “We have encouraged trial
judges to make good use of Rule 42(a) in order to expedite the
trial and eliminate unnecessary repetition and confusion.”
Hendrix, 776 F.2d at 1495.
A trial court’s decision to consolidate similar cases is
purely discretionary. Id.

However, in determining whether to

employ the consolidation provisions of Rule 42(a), Fed. R.
Civ. P., the trial court must assess:
[w]hether the specific risks of prejudice and
possible confusion are overborne by the risk of
inconsistent adjudications of common factual and
legal issues, the burden on the parties, witnesses
and available judicial resources posed by multiple
lawsuits, the length of time required to conclude
multiple suits against a single one, and the
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relative expense to all concerned of the singletrial, multiple-trial alternatives.
Hendrix, 776 F.2d at 1495.
In consideration of the many commonalities between the
above captioned cases, including overlapping parties and
issues presented, this Court determines that consolidation for
all proceedings is appropriate.

The consolidation of these

cases will eliminate the risk of inconsistent adjudications of
common factual and legal issues.

Further, consolidation will

lessen the burden on the parties and available judicial
resources.

Further,

consolidation

will

expedite

the

resolution of the appeals and eliminate unnecessary repetition
and confusion.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

The Agreed Motion to Consolidate Related Cases (Doc. # 6)
is GRANTED.

(2)

The Clerk is directed to consolidate case 8:16-cv-2220-T33

and

case

8:16-cv-2323-T-33

for

all

further

proceedings.
(3)

This action shall proceed under the lead, first-filed
case of 8:16-cv-2220-T-33, and all future pleadings and
briefs shall be filed in that case. Case 8:16-cv-2323-T-

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33 is administratively closed.

Counsel are directed to

re-file in the lead case any motions that are currently
pending in case 8:16-cv-2323-T-33, if necessary.
DONE and ORDERED in Chambers, in Tampa, Florida, this
17th day of October, 2016.

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