Ethicon Endo-Surgery, Inc. v. Covidien, Inc.

Filing 151

ORDER OF CONSOLIDATION - 1. These two civil actions are CONSOLIDATED for all purposes under the LOWER DOCKET NUMBER, 1:11-cv-871; 2. and ALL FUTURE FILINGS shall be made in Consolidated Case No.1-11-cv-871. Signed by Judge Timothy S. Black on 2/11/2016. (mr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
ETHICON ENDO-SURGERY, INC., et al.,
Plaintiffs,

Case No. 1:11-cv-871
Judge Timothy S. Black

vs.
COVIDIEN, INC., et al.,
Defendants.
____________________________________
COVIDIEN SALES LLC, et al.,
Plaintiffs,

Case No. 1:16-cv-253
Judge Timothy S. Black

vs.
ETHICON ENDO-SURGERY, INC., et al.,
Defendants.
ORDER OF CONSOLIDATION

The Court may order consolidation “[i]f actions before the court involve a
common question of law or fact.” Fed. R. Civ. P. 42(a). “The underlying objective [of
consolidation] is to administer the court’s business with expedition and economy while
providing justice to the parties.” Advey v. Celotex, Corp., 962 F.2d 1177, 1181 (6th Cir.
1992) (internal quotation marks and citation omitted). In determining whether to
consolidate, a court must consider the following factors: “whether the specific risks of
prejudice and possible confusion [are] overborne by the risk of inconsistent adjudications
of common factual issues and legal issues, the burden on parties, witnesses, and available

judicial resources posted by multiple lawsuits, the length of time required to conclude
multiple suits as against a single one, and the relative expense to all concerned of the
single-trial, multiple-trial alternatives.” Contrell v. GAF Corp. 999 F.2d 1007, 1011 (6th
Cir. 1993).
Here, the parties agree that these cases should be consolidated. (See February 10,
2016 Minute entry and Notation Order). The Court has considered the relevant factors,
and finds that consolidation is appropriate. Accordingly, for the foregoing reasons:
1.

These two civil actions are CONSOLIDATED for all purposes under the
LOWER DOCKET NUMBER, 1:11-cv-871; and
2. ALL FUTURE FILINGS shall be made in Consolidated Case No.
1-11-cv-871.

IT IS SO ORDERED.
Date: 2/11/16

_/s/Timothy S. Black_______________
Timothy S. Black
United States District Judge

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