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Levels v. Cannonball Express

October 24, 2007

GEORGE E. LEVELS, PLAINTIFF, LIBERTY MUTUAL, PLAINTIFF-INTERVENOR
v.
CANNONBALL EXPRESS, INC., D/B/A CANNONBALL EXPRESS TRANSPORTATION, ET AL., DEFENDANTS.
JACK COOPER TRANSPORT CO., INC., PLAINTIFF,
v.
CANNONBALL EXPRESS TRANSPORTATION, LLC, DEFENDANT.
SYLVIA DEVESE, AS PERSONAL REPRESENTATIVE AND ADMINISTRATOR OF THE ESTATE OF STEPHEN O'BRYANT, PLAINTIFF,
v.
JACK COOPER TRANSPORT CO., INC., AND GEORGE E. LEVELS, DEFENDANTS.



The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

The Court has been advised by Magistrate Judge Clifford J. Proud that the parties have been unable to reach a settlement following a summary jury trial held before Judge Proud on September 7, 2007. Therefore, Judge Proud recommends, with the parties' consent, that these cases be consolidated for trial. The cases had previously been consolidated for discovery purposes only. The parties seek to consolidate this matter with two other like matters: Cooper v. Cannonball Express, Inc., No. 06-cv-306-DRH and Devese v. Levels, No. 06-cv-524-DRH. The Court concludes, in its discretion, that all three actions present common questions of law and fact and that consolidation will promote judicial economy and the convenience of the parties. See Fed. R. Civ. P. 42(a); Fleishman v. Prudential-Bache Sec., Inc., 103 F.R.D. 623, 624-25 (E.D. Wis. 1984); Bradley v. Soo Line R.R. Co., 88 F.R.D. 307, 309-10 (E.D. Wis. 1980). Accordingly, the Court CONSOLIDATES these three cases for the remainder of this litigation. The Joint Motion to Consolidate for Purposes of Discovery and to Amend Scheduling Order remains in effect. Any additional motions shall be filed under this case, Levels v. Cannonball, No. 05-cv-914-DRH,which is the earliest-filed case.

The Final Pre-trial Conference will be held on December 20, 2007 at 9:30 a.m. Furthermore, the Court FINDS AS MOOT Plaintiff-Intervenor Liberty Mutual's Motion to Continue Final Pre-trial Conference and Related Deadlines for Pre-trial Submissions. (Doc. 50.)

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20071024

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