Greater St. Louis Construction Laborers Welfare Fund et al v. Apex Contracting, Inc

Filing 30

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that movant J.E. Novack Construction Co. Inc.s motion to consolidate is DENIED. [Doc. 28] IT IS FURTHER ORDERED that the Clerk of Court shall transfer J.E. Novack Construction Co. Inc. v. Apex Contracting Inc., et al., No. 4:11-CV-800 TIA to the undersigned judge for further pretrial proceedings and trial.Signed by Honorable Charles A. Shaw on 6/13/11. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GREATER ST. LOUIS CONSTRUCTION
LABORERS WELFARE FUND, et al.,
Plaintiffs,
v.
APEX CONTRACTING, INC.,
Defendant..

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No. 4:10-CV-206 CAS

MEMORANDUM AND ORDER
This matter is before the Court on movant J.E. Novack Construction Co. Inc.’s motion to
consolidate the above-captioned cause of action with J.E. Novack Construction Co. Inc. v. Apex
Constracting Inc., et al., No. 4:11-CV-800 TIA, which is currently pending before the Honorable
Terry I. Adleman. Having reviewed the case files in the instant action and in J.E. Novack
Construction Co. Inc. v. Apex Contracting Inc., et al., No. 4:11-CV-800 TIA, the Court finds
consolidation of the two actions is not appropriate because there are few, if any common questions
of law and fact at issue. See Federal Rule of Civil Procedure 42(a). That said, the two cases are
interconnected. Because the undersigned is familiar with the circumstances of the cases, the Court
will order that the Clerk of Court transfer J.E. Novack Construction Co. Inc. v. Apex Contracting
Inc., et al., No. 4:11-CV-800 TIA to the undersigned for the purpose of promoting judicial
efficiency.
Accordingly,
IT IS HEREBY ORDERED that movant J.E. Novack Construction Co. Inc.’s motion to
consolidate is DENIED. [Doc. 28]

IT IS FURTHER ORDERED that the Clerk of Court shall transfer J.E. Novack
Construction Co. Inc. v. Apex Contracting Inc., et al., No. 4:11-CV-800 TIA to the undersigned
judge for further pretrial proceedings and trial.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this

13th

day of June, 2011.