SABAL TRAIL TRANSMISSION LLC v. REAL ESTATE et al
Filing
7
ORDER granting Motions to Consolidate (ECF No. 5 in 4:16-cv-00097; ECF No. 7 in 4:16-cv-00098; ECF No. 8 in 4:16-cv-00099; ECF No. 5 in 4:16-cv-00100; ECF No. 8 in 4:16-cv-00101; ECF No. 5 in 4:16-cv-00102; ECF N o. 8 in 4:16-cv-00103; ECF No. 5 in 4:16-cv-00104; ECF No. 5 in 4:16-cv-00105; ECF No. 6 in 4:16-cv-00106; ECF No. 5 in 4:16-cv-00107; ECF No. 5 in 4:16-cv-00108; ECF No. 5 in 4:16-cv-00109; ECF No.7 in 4:16-cv-00110; ECF No. 5 in 4:16-cv-00112; ECF No. 5 in 4:16-cv-00113; ECF No. 5 in 4:16-cv-00114; ECF No. 5 in 4:16-cv-00115; ECF No. 5 in 4:16-cv-00116; ECF No. 5 in 4:16-cv-00117; ECF No. 5 in 4:16-cv-00118; ECF No. 5 in 4:16-cv-00119; ECF No. 5 in 4:16-cv-00121; ECF No. 5 in 4:16-cv-00122; EC F No. 5 in 4:16-cv-00123; ECF No. 8 in 4:16-cv-00124; ECF No. 5 in 4:16-cv-00125; ECF No. 5 in 4:16-cv-00126; and ECF No. 5 in 4:16-cv-00128) and also consolidating 4:16-cv-00127-CDL with those actions for a joint hearing on the pending partial summary judgment and preliminary injunction motions. Ordered by US DISTRICT JUDGE CLAY D LAND on 03/24/2016. (CCL)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
SABAL TRAIL TRANSMISSION, LLC,
Plaintiff,
*
*
vs.
*
REAL ESTATE, et al.,
*
Defendants.
CASE NOS.
4:16-cv-00097
4:16-cv-00098
4:16-cv-00099
4:16-cv-00100
4:16-cv-00101
4:16-cv-00102
4:16-cv-00103
4:16-cv-00104
4:16-cv-00105
4:16-cv-00106
4:16-cv-00107
4:16-cv-00108
4:16-cv-00109
4:16-cv-00110
4:16-cv-00112
*
*
*
*
*
4:16-cv-00113
4:16-cv-00114
4:16-cv-00115
4:16-cv-00116
4:16-cv-00117
4:16-cv-00118
4:16-cv-00119
4:16-cv-00121
4:16-cv-00122
4:16-cv-00123
4:16-cv-00124
4:16-cv-00125
4:16-cv-00126
4:16-cv-00127
4:16-cv-00128
O R D E R
Plaintiff Sabal Trail Transmission, LLC is an interstate
natural
received
gas
pipeline
company.
authorization
from
Sabal
the
Trail
Federal
alleges
Energy
that
it
Regulatory
Commission to build an interstate natural gas pipeline that will
extend approximately 516.2 miles through Alabama, Georgia, and
Florida.
To complete construction of the pipeline, Sabal Trail
must acquire easements across each parcel of land along the
pipeline’s path.
Sabal Trail represents that it has acquired
90% of the easements it needs in Georgia but has been unable to
acquire the remaining necessary easements by agreement with the
property owners.
Sabal Trail filed thirty condemnation actions in this Court
seeking to acquire the remaining necessary easements in Georgia
through
eminent
domain
15 U.S.C. § 717f(h).1
pursuant
to
the
Natural
Gas
Act,
In each action, Sabal Trail filed a motion
for partial summary judgment to establish its right to condemn
easements
across
the
affected
properties
and
a
motion
for
preliminary injunction to grant Sabal Trail immediate possession
of the easements.
but
one
of
the
Sabal Trail filed motions to consolidate all
actions
for
a
joint
hearing
on
the
summary judgment and preliminary injunction motions.2
partial
Because
the pending motions in all thirty cases present nearly identical
questions
of
fact
actions
should
pending
motions.
and
be
law,
the
consolidated
See
Fed.
Court
for
R.
finds
a
that
joint
Civ.
P.
all
hearing
42(a)
thirty
on
the
(permitting
consolidation for joint hearing if multiple actions before a
court “involve a common question of law or fact”); see also Fed.
R.
Civ.
71.1(b)
(permitting
joinder
of
“separate
pieces
of
property in a single action, no matter whether they are owned by
the same persons or sought for the same use”).
1
Accordingly, the
Sabal Trail initially filed thirty-two actions, but two of them
(4:16-cv-00111 and 4:16-cv-00120) have been resolved.
2
Sabal Trail did not seek to consolidate 4:16-cv-00127 with the other
cases.
The property owner in that action is Georgia Power Company.
The Court finds that there are common issues of law and fact in that
case, as well, and that it should be consolidated with the other
actions for purposes of the hearing on Sabal Trail’s partial summary
judgment and preliminary injunction motions.
If a party wishes to
sever 4:16-cv-00127, the party may file a motion to sever.
2
Court grants Sabal Trail’s motions to consolidate (ECF No. 5 in
4:16-cv-00097; ECF No. 7 in 4:16-cv-00098; ECF No. 8 in 4:16-cv00099; ECF No. 5 in 4:16-cv-00100; ECF No. 8 in 4:16-cv-00101;
ECF No. 5 in 4:16-cv-00102; ECF No. 8 in 4:16-cv-00103; ECF No.
5 in 4:16-cv-00104; ECF No. 5 in 4:16-cv-00105; ECF No. 6 in
4:16-cv-00106; ECF No. 5 in 4:16-cv-00107; ECF No. 5 in 4:16-cv00108; ECF No. 5 in 4:16-cv-00109; ECF No.7 in 4:16-cv-00110;
ECF No. 5 in 4:16-cv-00112; ECF No. 5 in 4:16-cv-00113; ECF No.
5 in 4:16-cv-00114; ECF No. 5 in 4:16-cv-00115; ECF No. 5 in
4:16-cv-00116; ECF No. 5 in 4:16-cv-00117; ECF No. 5 in 4:16-cv00118; ECF No. 5 in 4:16-cv-00119; ECF No. 5 in 4:16-cv-00121;
ECF No. 5 in 4:16-cv-00122; ECF No. 5 in 4:16-cv-00123; ECF No.
8 in 4:16-cv-00124; ECF No. 5 in 4:16-cv-00125; ECF No. 5 in
4:16-cv-00126; and ECF No. 5 in 4:16-cv-00128).
The Court also
consolidates 4:16-cv-00127 with the other actions for a joint
hearing on the pending motions.
If the parties seek to have the
actions severed for purposes of a trial or hearing on the amount
of damages, the parties shall be permitted to file a motion to
sever.
The Clerk shall consolidate all of these cases, and the
master
case
number
going
forward
shall
assigned to the case that was first filed.
3
be
the
case
number
Sabal
Trail
shall
serve
Defendants
(or
Defendants’
representatives) with a copy of this Order and shall file a
certificate of service via CM/ECF once service is complete.
IT IS SO ORDERED, this 24th day of March, 2016.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA
4
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