Wilborn v. Zurich American Insurance Company

Filing 12

ORDER granting 8 Motion to Consolidate Cases. Signed by Magistrate Judge Michael T. Parker on June 3, 2013. (KM)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
M. STREET INVESTMENTS, INC.

PLAINTIFF

v.

No. 5:13cv47-DCB-MTP

ZURICH AMERICAN INS. CO., ET AL.

DEFENDANTS

consolidated with
GARY WILBORN

PLAINTIFF

v.

No. 5:13cv51-DCB-MTP

ZURICH AMERICAN INS. CO.

DEFENDANT

ORDER CONSOLIDATING CASES
THESE MATTERS are before the court on the Unopposed Motions [7] [8] to Consolidate
Cases filed by Defendant Zurich American Insurance Company. Having considered the motions
and the applicable law, the court finds that the motions should be granted.
Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, the court may consolidate
actions involving common questions of law or fact, especially when doing so will avoid
unnecessary costs or delay or will eliminate unnecessary repetition or confusion. Miller v. U.S.
Postal Serv., 729 F.2d 1033, 1036 (5th Cir. 1984); Mills v. Beech Aircraft Corp., 886 F.2d 758,
761-62 (5th Cir. 1989). “Consolidation does not so completely merge the two cases as to deprive
a party of any substantial rights that he may have had if the actions had proceeded separately, for
the two suits retain their separate identities and each requires the entry of a separate judgment.”
Miller, 729 F.2d at 1036.
These matters involve common questions of law and fact and the court finds that
consolidation of these cases will serve to reduce the costs and expenses of the parties. Moreover,

no party opposes the consolidation of these matters. See Joinder [21]; Response [22]; Joinder
[11]. Accordingly, the motions should be granted.
IT IS, THEREFORE, ORDERED AND ADJUDGED:
1.

That the Unopposed Motions [7][8] to Consolidate Cases filed by Defendant
Zurich American Insurance Company are GRANTED.

2.

These matters are hereby consolidated for all purposes, including trial. All future
pleadings and filings shall be filed only in Cause No. 5:13cv47-DCB-MTP.1

SO ORDERED this the 3rd day of June, 2013.
s/ Michael T. Parker
United States Magistrate Judge

1

See L.U.Civ.R. 42.
2