CONSOLIDATE; RESPONSIVE AND REPLY MEMORANDA; ASSIGNMENT
(a) Transfer of Cases. When two or more cases are pending before different
Judges, a party in any of those cases may file a motion to transfer the case or cases to a
single Judge on the ground that the cases: (1) arise from substantially the same
transaction or event; (2) involve substantially the same parties or property; (3) involve the
same patent, trademark, or copyright; (4) call for determination of substantially the same
questions of law; or (5) for any other reason would entail substantial duplication of labor
if heard by different Judges.
(b) Filing of a Motion to Transfer or Consolidate. A motion to transfer
under subparagraph (a) or a motion to consolidate under Rule 42(a) of the Federal Rules
of Civil Procedure must identify all the cases that are the subject of the motion by case
name and case number. The movant must file the motion in a case in which the movant
is a party. If the movant is a party in more than one of the affected cases, the movant
must file the motion in the case with the lowest case number in which the movant is a
party. The ECF System or (when the movant is not an ECF Registered User) the Clerk’s
Office will electronically file the motion in each affected case identified in the motion.
The motion will be heard and decided, after consulting with the Judges assigned to the
other affected cases, in the case with the lowest case number that is assigned to a District
Judge. If the affected cases are assigned only to Magistrate Judges, the Magistrate Judge
assigned to the case with the lowest case number will hear and decide the motion after
consulting with the Magistrate Judges assigned to the other affected cases.
(c) Responsive and Reply Memoranda. Any party in any case that is the
subject of a motion to transfer or consolidate may file a responsive memorandum, and the
movant may file a reply memorandum. Any responsive or reply memorandum must
identify all the cases affected by the underlying motion. The filer must file the
responsive or reply memorandum in a case in which the filer is a party. The ECF System
or (when the filer is not an ECF Registered User) the Clerk’s Office will electronically
file the responsive or reply memorandum in each affected case identified in the
memorandum.
(d) Assignment. If a motion to transfer or consolidate is granted, the following
factors may be considered in determining the Judge to whom the case or cases will be
assigned: (1) whether substantive matters have been considered in a case; (2) which
Judge has the most familiarity with the issues involved in the cases; (3) whether a case is
reasonably viewed as the lead or principal case; or (4) any other factor serving the
interest of judicial economy.
(e) Voluntary Judicial Reassignment of Cases. In any of the following
circumstances, a Judge may transfer a case to another Judge with that Judge’s consent
and with notice to the Chief Judge:
(1) If the transferee Judge previously adjudicated a case that:
(A) arose from substantially the same transaction or event;
(B) involved substantially the same parties or property;
(C) involved the same patent, trademark, or copyright; or
(D) called for the determination of substantially the same
questions of law;
(2) For any other reason which would entail substantial duplication of
labor if heard by the transferor Judge; or
(3) For reasons of judicial economy and the availability of judicial
resources.
F.R.Civ.P. 43. Taking Testimony
