CED Construction Partners Ltd v. Transportation Insurance Company et al

Filing 53

ORDER granting 51 Motion to Consolidate Cases, consolidating the action with case 0:11-cv-1243-JFA for the purposes of discovery and trial and directing that all future filings should display both captions. Signed by Honorable Joseph F Anderson, Jr on 11/16/2011.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
CED Construction Partners, Ltd.,

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Plaintiff,
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vs.
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Transportation Insurance Company,
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American Casualty Co. of Reading, PA )
and Pennsylvania National Security
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Insurance Company,
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Defendants.
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Penn National Security Insurance
Company,
Plaintiff,
vs.
Jose Trucking Corp. d/b/a G&P
Contractors and CED Construction
Partners, Ltd.,
Defendants.

C/A No.: 0:10-cv-3155-JFA
C/A No.: 0:11-cv-1243-JFA

ORDER

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Pursuant to the consent motion to consolidate the above-captioned cases (ECF
No. 51, C/A No. 0:10-cv-3155), and (ECF No. 52, C/A No. 0:11-cv-1243) the court
hereby consolidates the cases for discovery and for trial. All further filings shall bear
both captions. The parties are instructed to continue to file in both cases.

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The court hereby instructs Penn National Security Insurance Company that if it
wishes for its complaint in C/A No. 0:11-cv-01243-JFA to be construed as an amended
answer and counterclaim in the primary action, it shall file such amended answer and
counterclaim in the primary action, taking care to ensure that the pleading addresses
each of the claims asserted in the complaint. The court hereby grants leave for Penn
National Security Insurance Company to file the amended answer and counterclaim.

IT IS SO ORDERED.
November 16, 2011
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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