(a) Related Cases. A party who has reason to believe that an action on file or about
to be filed is related to another action on file (whether active or terminated) must
file in each action and serve on all parties in each action a notice of related cases.
This notice must set forth the title and case number of each possibly related
action, together with a brief statement of their relationship and the reasons why
assignment to a single district judge or magistrate judge is desirable.
An action may be considered to be related to another action when:
(1) Both actions involve the same parties and are based on the same or similar
claim;
(2) Both actions involved the same property, transaction, or event;
(3) Both actions involve similar questions of fact and the same question of
law, and their assignment to the same district judge or magistrate judge is
likely to effect a substantial savings of judicial effort;
(4) Both actions involve the same patent, trademark, or copyright, and one of
the factors identified in (1), (2), or (3) above is present; or
(5) For any other reason, it would entail substantial duplication of labor if the
actions were heard by different district judges or magistrate judges.
If a notice of related cases is filed, the assigned judges will determine whether the
actions will be assigned to a single district judge or magistrate judge.
(b) Consolidation of Cases. Under Fed. R. Civ. P. 42(a), if actions before the court
involve a common question of law or fact, the court may: (1) join for hearing or
trial any or all matters at issue in the actions; (2) consolidate the actions; or
(3) issue any other orders to avoid unnecessary cost or delay.
The court may make a determination to consolidate actions sua sponte. A party
may file a motion for consolidation as soon as it reasonably appears the actions
involve common questions of law or fact and consolidation would aid in the
efficient and economic disposition of an action. A party seeking consolidation
must file and serve the motion in each of the pending lawsuits the party seeks to
have consolidated. If the party seeking to consolidate actions is not a party to an
action it seeks to have consolidated, it may file a motion for leave to intervene in
that action for the limited purpose of seeking consolidation of actions. The party
must include the proposed motion for consolidation as an exhibit to the motion for
leave to intervene.
A motion to consolidate must identify all actions that are the subject of the motion
by case name and number and must address in detail the asserted common
questions of law or fact in the actions the party seeks to consolidate.
The motion to consolidate will be decided by the judge to whom the earliest-filed
action is assigned. If the actions are consolidated, they will be transferred to the
judge to whom the earliest-filed action is assigned. A joint order signed by all
judges in the cases to be consolidated will be filed in each of the pending cases.
After consolidation, the Clerk of Court must administratively close the latter-filed
actions.
