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National Maintenance & Repair, Inc. v. Mid-America Fuels

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


June 29, 2010

IN THE MATTER OF NATIONAL MAINTENANCE & REPAIR, INC., AS OWNER OF THE M/V HARTFORD BEAVER FOR EXONERATION FROM OR LIMITATION OF LIABILITY, AND VINCENT DEERING, CLAIMANT/THIRD-PARTY PLAINTIFF,
v.
MID-AMERICA FUELS, INC., ET AL., THIRD-PARTY DEFENDANTS.
IN RE THE MATTER OF MID-AMERICA FUELS, INC. AS OWNER OF PRO HAC VICE OF THE M/V SUE FOR EXONERATION FROM OR LIMITATION OF LIABILITY

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

ORDER

Pending before the Court is Mid-America Fuels, Inc.'s motion to consolidate filed in cause number 10-0352 (Doc. 14). Specifically, Mid America Fuels, Inc., moves to consolidate the above caption cases and to adopt the CJRA track in cause number 10-0352. Claimant Deering agrees that the case should be consolidated, however, Deering objects to adopting the CJRA track in 10-0352.

Customarily in this judicial district, cases are consolidated into the lower numbered case and follow the scheduling and discovery order of the lower numbered case. Based on the circumstances surrounding theses cases, the Court sees no reason to depart from this practice. Accordingly, the Court GRANTS in part and DENIES in part the motion to consolidate filed in cause number 10-0352 (Doc. 14). The Court CONSOLIDATES these cases. All further pleadings shall be in 09-0676-DRH. The parties are directed to conference with the assigned magistrate judge for purposes of determining new discovery and motions deadlines as needed for remaining issues.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20100629

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