IHS Concepts, Inc. et al v. BonWorth, Inc., et al

Filing 37

ORDER Consolidating Cases Pursuant to Rule 42(a)(2). All further pleadings to be docketed to: 3:18cv76. Member Case: 1:18cv104 to be administratively closed. Signed by Senior Judge Graham Mullen on 5/1/2018. (jaw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
NO. 3:18-cv-76-GCM
NO. 1:18-cv-104-GCM
BONWORTH, INC.,
Plaintiff,
v.
ORDER
IHS CONCEPTS, INC.,
THE MOON’S CONCEPT, INC., and
MOON, INC.
Defendants.

THIS MATTER is before the Court on its own motion. On February 13, 2018,
BonWorth, Inc. (“BonWorth”) filed a complaint against IHS Concepts, Inc. (“IHS"), The
Moon’s Concept, Inc. (“Moon’s Concept”), and Moon, Inc. (“Moon”), in this Court (“the North
Carolina action”). On February 21, 2018, BonWorth filed a notice of removal of an action from
the Superior Court of the State of California, County of Los Angeles, to the United States
District Court for the Central District of California (“the California action”). The California
Action was filed by IHS and Moon’s Concept against BonWorth. On February 27, 2018,
BonWorth filed an answer and counterclaim in the California action. On March 26, 2018, IHS
and Moon’s Concept filed an answer and counterclaim in the North Carolina action. The two
causes of actions and their respective counterclaims involve the same legal and factual disputes.
On March 14, 2018, BonWorth filed a motion to transfer the California action to this
Court. On March 26, 2018, IHS and Moon’s Concept filed a motion to transfer the North
Carolina action to the Central District of California. On April 17, 2018, the motion to transfer in

this Court became ripe for decision. On that same day, the Central District of California granted
the motion to transfer the California action to this Court. Accordingly, IHS and Moon’s Concept
withdrew their motion to transfer pending before this Court on April 24, 2018.
Because both the California action and the North Carolina action are both now under the
jurisdiction of this Court and because the actions involve a common issue of law and fact, the
Court finds that it is appropriate to consolidate the two cases pursuant to Rule 42 of the Federal
Rules of Civil Procedure.
IT IS THEREFORE ORDERED that Case No. 3:18-cv-76 and Case No. 1:18-cv-104
are hereby consolidated pursuant to Rule 42(a)(2) and shall proceed as one action under Case
No. 3:18-cv-76, using the caption as it appears in that case. All future filings shall be made in
Case No. 3:18-cv-76.
The Clerk of Court is directed (1) to file a copy of this Order in both Case No. 3:18-cv-76
and Case No. 1:18-cv-104, (2) to subsequently close Case No. 1:18-cv-104, and (3) to file a
notice to conduct Initial Attorneys Conference in Case No. 3:18-cv-76.
SO ORDERED.

Signed: May 1, 2018