ODYSSEY CONTRACTING CORP. v. L&L PAINTING CO.,INC.
Filing
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ORDER. Appellant's Motions to consolidate (Doc. 7 in Civil Action No. 18-456 and Doc. 14 in 18-458) are GRANTED. The Clerk of this Court is directed to place a copy of the Supplement (Doc. 6 in 18-456), transmitted by the Bankruptcy Clerk to this Court on 5/2/18, into the docket in Civil Action No. 18-458. In the meantime, Civil Action No. 18-456 will be administratively closed; and, as relates to both cases, all deadlines will be established, and filings made, in Civil Action No. 18 458. Consistent with the foregoing, the appellate-briefing deadlines in Civil Action No. 18-456 hereby are VACATED, and the appeal(s) will proceed according to the framework established in 18-458. See text-Order dated 5/5/18 in 18-458 (holding in abeyance appeal-merits briefing, and requiring Appellant to respond to Appellees' Motion to Dismiss by 5/17/18). Signed by Judge Cathy Bissoon on 5/10/18. (dcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ODYSSEY CONTRACTING CORP.,
Appellant,
v.
L&L PAINTING CO., INC. and
FEDERAL INSURANCE COMPANY,
Appellees.
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Civil Action Nos. 18-456 & 18-458
Judge Cathy Bissoon
ORDER
Appellant’s Motions to consolidate (Doc. 7 in Civil Action No. 18-456 and Doc. 14
in 18-458) are GRANTED, as follows. At the onset, the Court highlights Local Civil Rule
40.D’s requirement that, “[a]t the time of filing[,] . . . counsel shall indicate on an appropriate
form[, e.g., the Civil Cover Sheet,] whether the action is related to any other pending or
previously terminated actions in this Court.” Id. (emphasis added). Also, absent clear legal
authority requiring the filing of two separate appeals where the disputed-ruling was entered in
both a main bankruptcy action and a related adversarial action, so-proceeding seems a terrible
waste of time and resources. These things having been said, Appellant’s request to consolidate is
granted, and it will be effectuated as follows. The Clerk of this Court is directed to place a copy
of the Supplement (Doc. 6 in 18-456), transmitted by the Bankruptcy Clerk to this Court on
May 2nd, into the docket in Civil Action No. 18-458. In the meantime, Civil Action No. 18-456
will be administratively closed; and, as relates to both cases, all deadlines will be established,
and filings made, in Civil Action No. 18-458. Consistent with the foregoing, the appellatebriefing deadlines in Civil Action No. 18-456 hereby are VACATED, and the appeal(s) will
proceed according to the framework established in 18-458. See May 5th text-Order in 18-458
(holding in abeyance appeal-merits briefing, and requiring Appellant to respond to Appellees’
Motion to Dismiss by May 17th).
IT IS SO ORDERED.
May 10, 2018
s/Cathy Bissoon
Cathy Bissoon
United States District Judge
cc (via ECF email notification):
All Counsel of Record
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