North American Company for Life and Health Insurance v. Nesom et al

Filing 45

ORDER CONSOLIDATING CASES: granting the Letter Request/Motion to consolidate, Case 6:09-CV-11 is designated as the LEAD case and 6:09-CV-1118 is the MEMBER case. All further docketing shall occur in the Lead case. All deadlines will be terminated from the member action. Signed by Magistrate Judge Gustave J. DiBianco on 11/19/09. (jmb)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________________ LIFE INSURANCE COMPANY OF NORTH AMERICA Plaintiff vs. JAN NESOM, et al. Defendants. _______________________________________________ SCOTT A. BARBOUR, ESQ. for Defendant Nesom MARC H. GOLDBERG, ESQ. for Defendants Straney NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE Plaintiff vs. JAN NESOM, et al. Defendants. _______________________________________________ SCOTT A. BARBOUR, ESQ. for Defendant Nesom MARC H. GOLDBERG, ESQ. for Defendants Straney ORDER

6:09-CV-11 (DNH/GJD)

6:09-CV-1118 (DNH/GJD)

Presently before the court is a letter motion from Attorney Goldberg that requests that this case be consolidated with another case. (Dkt. No. 22). The letter motion also includes new deadlines for both cases. Id. On November 12, 2009, the court conducted a telephone conference. Both cases were filed by insurance companies and involve the disbursement of life insurance proceeds to beneficiaries of decedent James B. Straney. Both life insurance companies have deposited the proceeds of the policies with the court. The possible beneficiaries and their respective attorneys are the same in both cases. The

court finds good cause to consolidate the cases. WHEREFORE it is hereby ORDERED, that the letter motion (Dkt. No. 22) is GRANTED, and the clerk shall consolidate the two cases; and it is further ORDERED, that the earlier case, Life Insurance Company of North America v. Nesom, et al., 6:09-CV-11 (DNH/GJD), be designated as the LEAD CASE in this litigation, and the later case, North American Company for Life and Health Insurance v. Nesom, et al., 6:09-CV-1118 (DNH/GJD), be designated as the MEMBER CASE; and it is further ORDERED, that the two cases shall be tried at the same time; and it is further ORDERED, that the deadlines in the Uniform Pretrial Scheduling Order in 6:09-CV-11 be modified as follows, and made applicable in both cases: Complete Discovery Identification of expert(s) & report(s) served Rebuttal Expert(s) & report(s) served Expert Preclusion Motion(s) served Dispositive Motion(s) served Trial Ready Date (if no dispositive motions) and it is further ORDERED, that the parties review and abide by Local Rule 7.1(b)(2) when engaging in non-dispositive motion practice. Date: November 19, 2009 5/3/2010 2/9/2010 3/3/2010 6/1/2010 6/1/2010 7/30/2010