McKeever et al v. Mortgage Electronic Registration Systems, Inc. et al

Filing 27

COPY OF OPINION AND ORDER entered in Case No. 5:09-CV-459-KKC at DE 28: On the Court's own motion, IT IS ORDERED that this action is hereby CONSOLIDATED with Case No. 5:08-CV-456-KKC, which is the oldest of these related actions. In light of the consolidation, the parties are hereby ORDERED to confer regarding a revised scheduling order. Signed by Judge Karen K. Caldwell on October 14, 2009. (AWD) cc: COR

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON CIVIL ACTION NO. 5:08-CV-00459-KKC GMAC MORTGAGE, LLC v. SHANE HAFFEY and HEATHER McKEEVER, *********** The Court on its own motion considers whether to consolidate this action with McKeever et al. v. Mortgage Electronic Registration Systems, Inc., et al., Case No. 5:08-CV-00456-KKC. There are three other related actions currently pending before this Court. See McKeever et al. v. Mortgage Electronic Registration Systems, Inc., et al., Case No. 5:08-CV-00456-KKC; Haffey, et al. v. Mortgage Electronic Registration Systems, Inc., et al., Case No. 5:08-CV-00510-KKC; and McKeever et al. v. Allen, Case No. 5:09-CV-225-KKC. The Court has already granted Motions to Consolidate these other actions. In deciding whether to consolidate cases under Federal Rule of Civil Procedure 42(a), the Court must consider "[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 parties, witnesses and available judicial resources posed by multiple lawsuits, the length of time required to conclude multiple suits as against a single one, and the relative expenses to all concerned of the single-trial, multiple-trial alternatives." Cantrell v. GAF Corp., 999 F.2d 1007, 1011 (6th Cir. 1993)(internal brackets and citations omitted). A court may consolidate related actions on its own, without a motion from a party. In re N.Y. Cmty. Bancorp. OPINION AND ORDER PLAINTIFF,

DEFENDANTS.

Inc. Sec. Litig., 448 F. Supp. 2d 466, 475-76 (E.D.N.Y. 2006) (citing Devlin v. Transportation Communs. Int'l Union, 175 F.3d 121, 130 (2d Cir. 1999). Upon consideration of the factors stated above, the Court on its own motion finds that consolidation is warranted. Accordingly, the Court on its own motion ORDERS that this action is hereby consolidated with McKeever et al. v. Mortgage Electronic Registration Systems, Inc., et al., Case No. 5:08-CV-00456-KKC, which is the oldest of these related actions. In light of the consolidation of these actions and because they have already progressed to varying degrees, the parties are hereby ORDERED to confer regarding a revised scheduling order in this case consistent with an order entered simultaneously herewith. Dated this 14th day of October, 2009.