LONG v. FAIRBANK FARMS INC et al

Filing 256

ORDER ON MOTION FOR CONSOLIDATION granting 253 Motion to Consolidate By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
MARGARET LONG,
Plaintiff,

)
)
)
v.
)
)
FAIRBANK FARMS, INC., et al.
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Defendants and
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Third-Party Plaintiffs,
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v.
)
)
GREATER OMAHA PACKING
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COMPANY, INC.,
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Third-Party Defendant
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____________________________________)
)
ALICE SMITH
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Plaintiff,
)
)
v.
)
)
FAIRBANK FARMS, INC., et al
)
Defendants and
)
Third-Party Plaintiffs,
)
)
v.
)
)
GREATER OMAHA PACKING
)
COMPANY, INC.,
)
Third-Party Defendant.
)

1:09-cv-592-GZS

ORDER ON MOTION
FOR CONSOLIDATION

2:10-cv-60-GZS

The third-party plaintiff, FAIRBANK FARMS RECONSTRUCTION CORP.,
(hereinafter “Fairbank”) moved for an order of the Court, pursuant to Rule 42 of the Federal
Rules of Civil Procedure, consolidating for trial the actions set forth above on the grounds that
the matters involve common questions of law and fact and that the consolidation of these matters
will conserve judicial resources. Fairbank requested that the Long matter now pending before

the U.S. District Court in Bangor with docket number 1:09-cv-592 be consolidated with the
Smith matter, such that there will be only one trial of these two cases, to be held in Portland.
Rule 42 of the Federal Rules of Civil Procedure states that if actions before the Court
involve common questions of law or fact, the court may consolidate the actions for trial.
Fed.R.Civ.P. 42(a). The rule grants to courts broad discretion in making the determination as to
whether to consolidate matters. Peter Condakes Company, Inc. v. Sandler Bros., 2009 U.S.
Dist. LEXIS 66762.
To determine whether consolidation is appropriate, a court should consider both
equity and judicial economy. If savings of expense and gains of efficiency can be
accomplished without sacrifice of justice, a court may find actions merit
consolidation….If the parties at issue, the procedural posture and the allegations
in each case are different, however, consolidation is not appropriate.
Id. at 2 (quoting Hanson v. Dist. Of Columbia, 257 F.R.D. 19, 21 (D.D.C. 2009)(citation and
internal punctuation omitted in the original))
Fairbank seeks indemnification from Greater Omaha Packing Company, Inc. Substantial
factual issues regarding the identification of the source of the contamination germane to both
these causes of action are identical.
The Court has, throughout the discovery process, treated the matters simultaneously for
purposes of ruling on discovery disputes and establishing deadlines. The Court held a joint
pretrial conference on August 4, 2011 and both matters have been set for trial commencing
October 31, 2011.

Because consolidating these matters for trial will result in substantial judicial economy
and because the critical legal and factual issues are the same, it is ordered that these matters be
consolidated for trial in Portland.
/s/George Z. Singal_____________________
George Z. Singal
Judge, U.S. District Court
Dated this 15th day of August, 2011.