Alexandria v. C L E C O Corp et al

Filing 185

ORDER: Copy of ORDER filed in 07-1011 in reference to 24 Motion to Partial Consolidate, Motion for Protective Order and 22 Motion to Certify a Class. Signed by Judge Dee D Drell on 03/27/2009. (crt,Leleux, M)

UNITED STATES DISTRICT COURT WESTERN DiSTRICT OF LOUISIANA

ALEXANDRIA DIVISION

CITY OF ALEXANDRIA

CIViL DOCKET NO. 1:05-cv-1121
JUDGE DRELL

-`IsCLECO CORPORATION, et al.
-and-

MAGISTRATE JUDGE KIRK

ARMESTED FRANXLIN, et al. -`IsCITY OF ALEXANDRIA

CIVIL DOCKET NO. 1:07-cv-1O11 JUDGE DRELL MAGISTRATE JUDGE KIRK

ORDER

The motion (Doc. No. 24) to partially consolidate this case with Docket No. 05-1121 is DENIED. These cases are at radically different stages of development and are not compatible for consolidation. Should any single issue actually become a common issue ripe for adjudication under the following section of this Order, the parties may seek farther action under Fed. H. Civ. P. 42(a)(1). The additional motion for a protective order contained in Doc. No. 24 is GRANTED IN PART. Specifically, assuming that there ~ a completed settlement between the City of Alexandria and CLECO in Suit No. 05-1 121, the City must

immediately communicate to the Court and to counsel for Armested Franklin its proposed need and/or intentions for contact with rate payers regarding the settlement. Counsel for Franklin, et al. will then have fifteen days from such notice to notify the Court by motion and good faith objections to the procedure. The City must not implement the procedure until the Court considers and niles on the proposed procedure. The motion to certify a ckss in this case (Doc. No. 22) is presently DENIED as premature, pending the determination set forth in the previous section of this Order. See Fed. R. Civ. P. 23(d)(1)(A). SIGNED on this /~c~~&ty of March, 2009, at Alexandria, Louisiana.

DEE D. DRELL UNITED STATES DISTRICT JUDGE

2