National Trust Insurance Company v. Interco Trading Company

Filing 13

ORDER granting 10 Motion to Consolidate Cases. For the reasons discussed in the attached Memorandum & Order, the Court GRANTS the motions to consolidate Case No. 21-cv-203-DWD with Case No. 21-cv-914-DWD. All future filings shall bear the consolidated caption used in this Order and shall be filed only in Case No. 21-cv-203-DWD. Signed by Judge David W. Dugan on 10/7/2021. (sth)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS INTERCO TRADING, INC., Plaintiff, vs. NAVIGATORS SPECIALTY INSURANCE COMPANY, Defendant. NATIONAL TRUST INSURANCE COMPANY, Plaintiff, vs. INTERCO TRADING COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 21-cv-203-DWD Consolidated with Case No. 21-cv-914-DWD MEMORANDUM & ORDER DUGAN, District Judge: Before the Court are motions to consolidate Case No. 21-cv-203-DWD with Case No. 21-cv-914-DWD. Both motions were filed by Interco Trading, Inc. operates a metal and electronics recycling facility in Madison, Illinois. On March 11, 2020, Interco had an environmental insurance policy from Navigators Specialty Insurance environmental remediation required by the Illinois EPA. However, Navigators has also had a commercial insurance policy from National Trust Insurance Company income losses resulting from the fire. However, National Trust declined to pay the full amount demanded by Interco. Both of these insurance disputes have made their way to this Court. In the first, Case No. 21-cv-203-DWD, Interco brings a breach-of-contract claim against Navigators for its alleged failure to pay the full amount the second, Case No. 21-cv-914-DWD, National Trust brings an action seeking a declaratory judgment regarding the amount it owes Interco under its policy. Now before the Court are motions to consolidate these two cases. Under Federal Rule of Civil Procedure 42(a)(2), courts may consolidate actions that involve a common judicial efficiency, but not if prejudice ca McKnight v. Ill. Cent. R. Co., No. 9-cv-201-DRH, 2009 WL 1657581, at *1 (S.D. Ill. June 12, 2009). Courts should not consolidate cases that involve similar claims but different allegations and timeframes. Lamon v. Stephens, No. 14-cv-1051, 2015 WL 1344371, at *1 (S.D. Ill. Mar. 23, 2015). The Court finds that these two cases involve common questions of law and fact and that consolidation would promote judicial efficiency. There is no concern of prejudice as all parties have consented to consolidation. For these reasons, the Court GRANTS the motions to consolidate Case No. 21-cv-203-DWD (Doc. 27) with Case No. 21-cv-914-DWD 2 (Doc. 10). All future filings shall bear the consolidated caption used in this Order and shall be filed only in Case No. 21-cv-203-DWD. The Court will strike any filings in Case No. 21-cv-914-DWD subsequent to this Order. SO ORDERED. Dated: October 7, 2021 ______________________________ DAVID W. DUGAN United States District Judge 3

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