Duke Energy Florida, Inc. v. Westinghouse Electric Company

Filing 37

ORDER Consolidating Cases for DiscoveryTrial. All further pleadings to be docketed to: 3:14cv141. Member Case: 3:14cv358 to be administratively closed. Signed by Magistrate Judge David S. Cayer on 8/4/2014. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:14-CV-00141-MOC-DSC
DUKE ENERGY FLORIDA, INC.,
Plaintiff/Counterclaim Defendant,
v.
WESTINGHOUSE ELECTRIC
COMPANY, LLC,
Defendant/Counterclaim Plaintiff.

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ORDER

THIS MATTER is before the Court on the parties’ “Joint Motion to Consolidate”
(document # 35) filed July 31, 2014. This Court has reviewed the Motion, and for the reasons
set forth in the Motion and for good cause shown, the Court hereby grants the Motion and
hereby ORDERS that the action entitled Westinghouse Electric Company, LLC v. Duke Energy
Florida, Inc., Case No. 3:14-cv-00358-MOC-DSC, shall be consolidated with the abovecaptioned action pursuant to Rule 42(a) of the Federal Rules of Civil Procedure.
It is further ORDERED that Westinghouse Electric Company LLC’s Counterclaim
(document # 33) shall be the operative pleading by Westinghouse as Counterclaimant in this
action, and that no responsive pleading by Duke Energy Florida, Inc. to Westinghouse Electric
Company LLC’s Complaint that was pending in Westinghouse Electric Company, LLC v. Duke
Energy Florida, Inc., Case No. 3:14-cv-00358-MOC-DSC shall be required.

The Clerk is directed to send copies of this Order to counsel for the parties, including but
not limited to moving counsel; and to the Honorable Max O. Cogburn, Jr.
SO ORDERED.
Signed: August 4, 2014