Eastmoor Estates Residents Association et al v. Miller et al

Filing 98

ORDER denying 82 Motion to Consolidate Cases without prejudice to defendants' right to re-urge the motion after the stay is lifted. Signed by Jane M Virden on 9/16/11. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
EASTMOOR ESTATES RESIDENTS
ASSOCIATION, ET AL.
VS.

CIVIL ACTION NO. 4:10CV144-WAP-JMV

GLENN MILLER, ET AL.
ORDER
Before the court is a Motion to Consolidate Cases (# 82) filed by the Miller Defendants in
this action on August 25, 2011. The Miller Defendants seek an order consolidating this case with
Southern Fire and Casualty Company v. Glenn Miller, et al, Cause No. 4:11cv00034 (the
“second action”). In its Response in Opposition (# 94), Southern Fire and Casualty Company
(“Southern Fire”), the plaintiff in the second action, objects to the motion to the extent that the
Miller Defendants seek to consolidate the actions for purposes of trial and to the extent that any
restrictions placed on discovery in this action would limit it from conducting discovery with
regard to issues specific to the second action. However, counsel for the Miller Defendants and
Southern Fire have now submitted to the court a proposed agreed order which would, among
other things, allow consolidation for discovery purposes only.
First, because this case is currently stayed pending the October 6 joint settlement
conference, the court is of the opinion that the motion should be denied without prejudice to the
Miller Defendants’ right to re-urge the motion after the stay is lifted. Second, the court is
concerned that the proposed order submitted by the parties fails to address potential issues
regarding discovery once the actions are consolidated for discovery purposes, especially in light

of the fact that the current scheduling order in this case outlines very specific limitations on
discovery allowable to certain classes of parties. These issues will have to be addressed upon
the filing of any subsequent motion to consolidate these cases. The parties are advised to be
prepared to discuss these issues immediately following the joint settlement conference currently
set for October 6, 2011, should settlement negotiations fail. Accordingly,
IT IS ORDERED that the motion to consolidate is hereby DENIED without prejudice.
This, the 16th day of September, 2011.

/s/Jane M. Virden
UNITED STATES MAGISTRATE JUDGE

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