Wilbur-Ellis Company v. Hartmann

Filing 24

MEMORANDUM AND ORDER - The Hartmann Hay case and the Wilbur-Ellis case are consolidated. The Hartmann Hay case is designated as the lead case with Hartmann Hay designated as the lead plaintiff. The Rule 26(f) report is amended as provided in Case No. 8:16CV123, Filing No. 27 at 3-4. Ordered by Senior Judge Lyle E. Strom. (GJG)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA

HARTMANN HAY COMPANY, LLC,

)
)
Plaintiff,
)
)
v.
)
)
WILBUR-ELLIS COMPANY,
)
)
Defendant.
)
______________________________)
WILBUR-ELLIS COMPANY, a
)
California corporation,
)
)
Plaintiff,
)
)
v.
)
)
KENT HARTMANN, an individual, )
)
Defendant.
)
______________________________)

8:16CV123

8:16CV125

MEMORANDUM AND ORDER

This matter is before the Court on a stipulation from
Hartmann Hay Company, LLC (“Hartmann Hay”), Kent Hartmann
(“Hartmann”), and Wilbur-Ellis Company, n/k/a Wilbur-Ellis
Company LLC (“Wilbur-Ellis”).

The parties seek to consolidate

Hartmann Hay Co., LLC v. Wilbur-Ellis Co., Case No. 8:16CV123
(“Hartmann Hay Case”) and Wilbur-Ellis Co. v. Kent Hartmann,
8:16CV125 (“Wilbur-Ellis Case”).

See Case No. 8:16CV123, Filing

No. 27 and Case No. 8:16CV125, Filing No. 22.

After review of

the stipulation and relevant law the Court finds as follows.

Background
Hartmann Hay initially filed the Hartmann Hay case in
the District Court of Hall County, Nebraska.
8:16CV123, Filing No. 1-1.

See Case No.

On March 23, 2016, Wilbur-Ellis

removed the Hartmann Hay Case to this Court (Case No. 8:16CV123,
Filing No. 1).

Also on March 23, 2016, Wilbur-Ellis filed the

Wilbur-Ellis case against Hartmann, a member of Hartmann Hay, in
this Court.

See Case No. 8:16CV125, Filing No. 1.

First, the parties seek to consolidate the Hartmann Hay
case and the Wilbur-Ellis case with the Hartmann Hay case
designated as the lead case.

The parties agree that the two

cases share common issues of law and fact making consolidation
appropriate under Fed. R. Civ. P. 42(a) (Case No. 8:16CV123,
Filing No. 27 at 2 and Case No. 8:16CV125, Filing No. 22 at 2).
Second, the parties agree that “Hartmann Hay shall be the lead
Plaintiff in the Consolidated Case with the initial burden of
proof on its claims at trial.”

Id.

Third, the parties agreed to

and proposed deadlines for the progression of the consolidated
case (Id. at 2-3).

Finally, the parties agreed to and proposed

to amend the Rule 26(f) Report to include “discussion of the
elements of [defendant’s] Tenth, Eleven and Twelfth Affirmative
Defenses that were inadvertently omitted from the PDF when
filed.”

Id. at 3-4.
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Discussion
Federal Rule of Civil Procedure 42(a) allows for
consolidation of cases involving common issues of law or fact.
Fed. R. Civ. P. 42(a).

“The district court is given broad

discretion to decide whether consolidation would be desirable and
the decision inevitably is contextual.”

Cisler v. Paul A.

Willsie Co., Case No. 8:09CV365, 2010 WL 3237222, at *2 (D. Neb.
Aug. 13, 2010).
After review of the matter, the Court concludes that
consolidation of the Hartmann Hay Case and the Wilbur-Ellis case
is appropriate under Rule 42(a).

Accordingly, these cases will

be consolidated with the Hartmann Hay case designated as the lead
case.

In addition, Hartmann Hay will be designated as the lead

plaintiff in accordance with the joint stipulation.
On November 21, 2016, following the filing of the
stipulation, the Court issued an order setting the schedule for
the final progression of this case.

Therefore, the Court will

not readdress the proposed dates at this time.

Finally, the Rule

26(f) Report will be deemed amended as provided.
IT IS ORDERED:
1) The Hartmann Hay case and the Wilbur-Ellis case are
consolidated.

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2) The Hartmann Hay case is designated as the lead case
with Hartmann Hay designated as the lead plaintiff.
3) The Rule 26(f) report is amended as provided in Case
No. 8:16CV123, Filing No. 27 at 3-4.
DATED this 11th day of January, 2017.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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