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

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