Danaher v. Trinity Universal Insurance Company et al

Filing 59

ORDER granting 57 MOTION to Consolidate Cases CV-15-114-DLC and CV-16-88-DLC filed by U.S. Bank National Association. Motions due by 7/5/2017. Proposed Pretrial Order due by 10/5/2017. Final Pretrial Conference set for 10/12/2017 at 2:30 PM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Jury Trial set for 10/23/2017 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. The Court's Order in CV 16-88-M-DLC dated October 11, 2016,(Doc. 11) shall remain in full force and effect in all other respects. Signed by Judge Dana L. Christensen on 5/22/2017. (NOS)

FILED
MAY 2 2 2017
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

SUSAN DANAHER,

Clerk, U S District Court
District Of Montana
Missoula

CV 15-114-M-DLC

Plaintiff,

(Consolidated with Case No.
16-88-M-DLC)

vs.
ORDER
TRINITY UNIVERSAL INSURANCE
COMPANY, and KEMPER
PREFERRED, U.S. BANK
NATIONAL ASSOCIATION, a
subsidiary of U.S. BANCORP, a/k/a
U.S. BANK HOME MORTGAGE, and
JOHN DOES I-X,
Defendants.
Defendant U.S. Bank National Association, a subsidiary of U.S. Bancorp
("U.S. Bank") moves the Court to consolidate the above action with Susan

Danaher vs. US. Bank National Association, a subsidiary of US. Bancorp, alk/a
US. Bank Home Mortgage, and John Does 1-X, Cause No. CV-16-88-DLC for all
pretrial purposes pursuant to Federal Rule of Civil Procedure 42(a). This motion
is unopposed as the parties agree the two claims arise from common questions of
law and fact. The Court agrees and finds good cause to consolidate these cases.

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Defendant U.S. Bank also moves the Court for a status conference in this
matter to discuss revising the schedule for the disposition of this case. The Court
will grant Defendant's motion to consolidate the cases and will adhere to the
scheduling order and trial date set forth in Cause No. CV-16-88-DLC, pursuant to
Defendant's request. Thus, a scheduling conference is not necessary. The new
scheduling order for this consolidated case is outlined below.
'

Accordingly, IT IS ORDERED that Susan Danaher vs. Trinity Universal

Insurance Company, Kemper Preferred, and US. Bank National Association, a
subsidiary of US. Bancorp, alk/a US. Bank Home Mortgage, and John Does 1-X,
Cause No. CV-15-114-DLC, is consolidated with Susan Danaher vs. US. Bank

National Association, a subsidiary of US. Bancorp, alk/a US. Bank Home
Mortgage, and John Does 1-X, Cause No. CV-16-88-DLC, for all pretrial
purposes. All docketing shall be filed in the lead case, Cause No. CV
15-114-M-DLC, and spread to the member case, Cause No. CV-16-88-DLC.
IT IS FURTHER ORDERED that the scheduling order and trial date in
Cause No. CV-16-88-DLC (Doc. 11) is adopted in this consolidated case.
Therefore, the following schedule will govern all further pretrial proceedings:
Motions Deadline (fully briefed):

July 5, 2017

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Motions In Limine Deadline:
(fully briefed)

August 4, 2017

Attorney Conference to Prepare
Final Pretrial Order:

week of September 18, 2017

E-file Final Pretrial Order,
Proposed Jury Instructions,
Proposed V oir Dire Questions,
and Trial Briefs and e-mail
to [e-mail]
(Trial Briefs are optional):

October 5, 2017

Notice to Court Reporter of
Intent to Use Real-Time:

October 5, 201 7

Notice to LT. Supervisor of
Intent to Use CD-ROM or
Videoconferencing:

October 5, 2017

Final Pretrial Conference:

October 12, 2017 at 2:30 p.m.
Missoula, Montana

Jury Trial (7-member jury):

October 23, 2017 at 9:00 p.m.
Russell Smith Courthouse
Missoula, Montana

The Court's Order in Cause No. CV-16-88-DLC dated October 11, 2016 (Doc. 11)
shall remain in full force and effect in all other respects.
IT IS FURTHER ORDERED that Defendant's Motion for a Status
Conference in Cause No. CV-16-88-DLC (Doc. 21) is DENIED as moot.

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DATED this

2.2.~day ofMay, 2017.

Dana L. Christensen, Chief Judge
United States District Court

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