October 1, 2007
SUMMIT FINANCIAL RESOURCES L.P., PLAINTIFF,
BIG DOG ENTERPRISES LOGISTICS, LLC, D/B/A FREIGHT HAULING LOGISTICS, DAVID HURSEY, THE HURSEY GROUP, LLC, AND PEERLESS-PREMIER APPLIANCE CO., DEFENDANTS.
PEERLESS PREMIER APPLIANCE CO., COUNTERCLAIM/INTERPLEADER PLAINTIFF,
SUMMIT FINANCIAL RESOURCES L.P COUNTERCLAIM/INTERPLEADER DEFENDANT.
PEERLESS PREMIER APPLIANCE CO., CROSS-CLAIM/INTERPLEADER PLAINTIFF,
BIG DOG ENTERPRISES LOGISTICS, LLC, D/B/A FREIGHT HAULING LOGISTICS, DAVID HURSEY, THE HURSEY GROUP, LLC, AND BIH EXPRESS, BRANKO'S EXPRESS, BUSKE LOGISTICS, CSX CRITICAL CAPACITY, CSX TRANSPORTATION, INC., DINO'S TRUCKING, DRY ICE SALES & SERVICE, INC., ESI-EXPRESS SYSTEMS, ESTES EXPRESS LINES, FED EX FREIGHT-EAST, GREEN MOUNTAIN, H. C. PARRISH TRUCK SERVICE, INC., HYUNDAI AMERICAN SHIPPING AGENCY, A SUBSIDIARY OF HYUNDAI INTERMODAL, J & J TRUCK SERVICES, JUNG TRUCK SERVICES, KELLY CORPORATION, LANDSTAR RANGER, LITAS, INC., LONG HAUL DELIVERY SERVICE, MAK EXPRESS, INC., OBRADOVIC TRUCKING, INC., OSBORN TRANSPORTATION, INC., OVERNIGHT TRANSPORT-UPS FREIGHT, PRIDE INTERMODAL, INC., REGGIE'S TRUCKING, SCHNEIDER NATIONAL CARRIERS, TRANSPORT ONE, WEBB FARMS SERVICES, WERNER ENTERPRISES, AND YELLOW TRANSPORTATION, INC., CROSS-CLAIM/INTERPLEADER DEFENDANTS.
The opinion of the court was delivered by: Reagan, District Judge
Before the Court is Estes Express Lines, Inc.'s and Peerless-Premier Appliance Co.'s joint motion to consolidate cases 07-0361-MJR and 07-0187-MJR.
Accordingly, the Court GRANTS the motion (Doc. 136) and CONSOLIDATES Case No. 07-cv-0361-MJR-DGW into Case No. 07-cv-0187-MJR-CJP. All further filings in both actions shall bear the case number 07-cv-0187-MJR-CJP. As the two cases were assigned to different Magistrate Judges, with Magistrate Judge Proud having the lower-numbered case, the consolidated action now is assigned to Magistrate Judge Clifford J. Proud.
The Court reserves the right to sever the claims if and when severance is appropriate.
MICHAEL J. REAGAN United States District Judge
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