CIV. P. 42(a), the action bearing the lower or lowest docket number will control the
designation of the district or magistrate judge before whom the motion to
consolidate is noticed; the docket number will also determine the judge before
whom the case or cases will be tried. Consolidation of actions from different
divisions of a district court will be controlled by the earliest filing date. A
dismissal of the action bearing the lower or lowest number before the hearing on a
motion to consolidate will not affect the operation of this rule. The judge initially
assigned the lower or lowest numbered action, even if that action has been
dismissed, will be the judge before whom the action(s) will be tried.
