Sales Resource, Inc. v. Moran Foods, Inc et al

Filing 143

ORDER re: 132 Joint MOTION to Consolidate Cases for Purposes of Discovery Under FRCP 42(a) and to Permanently Re-Assign for Trial Consolidate with higher case number 4:09-cv-00666 filed by Alliance Foods, Inc. and Moran Foods, Inc., and [136 ] MOTION to Consolidate Cases Consolidate with higher case number 4:09-cv-666 filed by Sales Resource, Inc. After reviewing the parties' pleadings and hearing their oral arguments, the Court grants, inpart, the motions to consolidate, but reser ves for a later time the decision whether to consolidate the cases for trial. Specifically, the motions are granted insofar as Hall Sales and Marketing, Inc., v. Alliance Foods, Inc., No. 4:09cv0666 MLM, is consolidated with Sales Resource, Inc. v. Alliance Foods, Inc., No. 4:08cv0732 TCM. All pleadings in both cases are to be filed in Case No. 4:08cv0732 TCM. See E.D. Mo. L.R. 4.03. One schedule shall govern both cases for all purposes up to trial. Signed by Mag Judge Thomas C. Mummert, III on 6/16/09. (RJD)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION SALES RESOURCE, INC., Plaintiff, vs. ALLIANCE FOODS, INC., and MORAN FOODS, INC., Defendants. --------------------------------------------------------HALL SALES AND MARKETING, INC. Plaintiff, vs. ALLIANCE FOODS, INC., and MORAN FOODS, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 4:08cv0732 TCM

ORDER This matter is before the Court on the parties' motions to consolidate these two cases. [Docs. 132, 136] The parties agree that these cases should be consolidated and that one judge should preside over both cases, but disagree on whether there should be one or two trials.1 After reviewing the parties' pleadings and hearing their oral arguments, the Court grants, in part, the motions to consolidate, but reserves for a later time the decision whether to consolidate the cases for trial. Specifically, the motions are granted insofar as Hall Sales and Marketing, Inc., v. Alliance Foods, Inc., No. 4:09cv0666 MLM, is consolidated with Sales Resource, Inc. v. Alliance

Also, the parties consent to the assignment of the consolidated cases to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c).

1

Foods, Inc., No. 4:08cv0732 TCM. All pleadings in both cases are to be filed in Case No. 4:08cv0732 TCM. See E.D. Mo. L.R. 4.03. One schedule shall govern both cases for all purposes up to trial. SO ORDERED.

/s/Thomas C. Mummert, III THOMAS C. MUMMERT, III UNITED STATES MAGISTRATE JUDGE Dated this 16th day of June, 2009.

-2-