In The Matter Of National Maintenance and Repair Inc.

Filing 66

ORDER CONSOLIDATING THIS CASE WITH 10-352. See Order for details. Signed by Chief Judge David R. Herndon on 6/29/10. (klh, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS IN THE MATTER OF NATIONAL MAINTENANCE & REPAIR, INC., AS OWNER OF THE M/V HARTFORD BEAVER FOR EXONERATION FROM OR LIMITATION OF LIABILITY, and VINCENT DEERING, Claimant/Third-Party Plaintiff, v. MID-AMERICA FUELS, INC., et al., Third-Party Defendants. No. 09-0676-DRH ______________________________________________________________________________ IN RE THE MATTER OF MID-AMERICA FUELS, INC. AS OWNER OF PRO HAC VICE OF THE M/V SUE FOR EXONERATION FROM OR LIMITATION OF LIABILITY

No. 10-0352-DRH

ORDER HERNDON, Chief Judge: Pending before the Court is Mid-America Fuels, Inc.'s motion to consolidate filed in cause number 10-0352 (Doc. 14). Specifically, Mid America Fuels, Inc., moves to consolidate the above caption cases and to adopt the CJRA track in cause number 10-0352. Claimant Deering agrees that the case should be Page 1 of 2

consolidated, however, Deering objects to adopting the CJRA track in 10-0352. Customarily in this judicial district, cases are consolidated into the lower numbered case and follow the scheduling and discovery order of the lower numbered case. Based on the circumstances surrounding theses cases, the Court sees no reason to depart from this practice. Accordingly, the Court GRANTS in part and DENIES in part the motion to consolidate filed in cause number 10-0352 (Doc. 14). The Court CONSOLIDATES these cases. All further pleadings shall be in 090676-DRH. The parties are directed to conference with the assigned magistrate judge for purposes of determining new discovery and motions deadlines as needed for remaining issues. IT IS SO ORDERED. Signed this 29th day of June, 2010.

/s/ DavidRHer|do| Chief Judge United States District Court

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