Rinehart Racing, Inc. v. S&S Cycle, Inc.
Filing
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ORDER granting (28) Motion to Consolidate Cases; all further pleadings to be electronically filed in Lead Case 1:12cv397 only; Member Case: 1:13cv164 to be administratively closed; amending 17 Pretrial Order and Case Management Plan as set forth in this Order; denying as moot (25) Objection to Magistrate Judge's 24 Order. Signed by District Judge Martin Reidinger on 11/06/13. Associated Cases: 1:12-cv-00397-MR-DLH, 1:13-cv-00164-MR(emw)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
RINEHART RACING, INC.,
)
)
Plaintiff,
)
)
vs.
)
)
S&S CYCLE, INC.,
)
)
Defendant.
)
___________________________ )
)
MOTO GROUP, LLC,
)
)
Plaintiff,
)
)
vs.
)
)
S&S CYCLE, INC.,
)
)
Defendant.
)
__________________________ )
CIVIL CASE NO.
1:12-cv-00397-MR-DLH
CIVIL CASE NO.
1:13-cv-00164-MR
ORDER
THIS MATTER is before the Court on the Defendant’s Objection to
Magistrate Judge’s August 5, 2013 Order [Doc. 25] and the parties’ Joint
Motion to Consolidate [Doc. 28].
The parties jointly move to consolidate this action with Case No. 1:13cv-00164-MR, which is also pending before this Court. [Doc. 28]. Rule 42
of the Federal Rules of Civil Procedure provides that the Court may
consolidate two civil actions if they involve “a common question of law or
fact.” Fed. R. Civ. P. 42(a)(2). The Court finds that these two civil actions
involve common questions of law and fact such that consolidation would be
appropriate. Accordingly, the parties’ joint motion for consolidation will be
granted.
The existing Pretrial Order and Case Management Plan
previously entered in Case No. 1:12-cv-00397-MR-DLH shall govern both
cases. In light of the consolidation of these actions, however, the Court will
extend the following deadlines set forth in the Pretrial Order and Case
Management Plan as follows:
Discovery:
May 2, 2014
Mediation:
May 16, 2014
Motions:
June 2, 2014
Jury Trial:
1st Civil Term on or after
January 12, 2015
The Court finds that, in light of the consolidation of these actions, the
Defendant’s Objection to the Magistrate Judge’s Order denying a stay of
discovery in this case is moot and will therefore not address it further.
IT IS, THEREFORE, ORDERED that:
(1)
The parties’ Joint Motion to Consolidate [Doc. 28] is
GRANTED, and Civil Case No. 1:12-cv-00397-MR-DLH and
Civil Case No. 1:13-cv-00164-MR are hereby CONSOLIDATED
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to proceed before the undersigned. Civil Case No. 1:12-cv00397-MR-DLH is designated as the lead case, and Civil Case
No. 1:13-cv-00164-MR shall be closed. Pursuant to Local Civil
Rule 5.2.1(D), all future pleadings will be docketed and filed in
the designated lead case only;
(2)
The Pretrial Order and Case Management Plan [Doc. 17]
previously entered in this case is hereby AMENDED as set
forth in this Order; and
(3)
The Defendant’s Objection to Magistrate Judge’s August 5,
2013 Order [Doc. 25] is DENIED AS MOOT.
IT IS SO ORDERED.
Signed: November 6, 2013
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