Local Rule 7042-1: Motion to Consolidate Actions Involving Common Question of Law or Fact

7042-1. Motion to Consolidate Actions Involving Common Question of Law or Fact.

(a) When Appropriate. A party may file a motion to consolidate two or more Actions into one lead Action if a common question of law or fact exists.

(b) Low Number Case Governs. If the Actions arise in different bankruptcy cases, the motion to consolidate must be filed in the lowest numbered case which will become the lead case. If the motion to consolidate includes both adversary proceedings and contested matters, the party must file the motion to consolidate in the lowest numbered adversary proceeding only regardless of the main bankruptcy case number in which contested matters are pending. The judge assigned to the lowest numbered adversary proceeding will rule on the motion to consolidate.

(c) Form. The motion to consolidate must identify the other cases to be consolidated by case name and number.

(d) Order. The motion to consolidate must include a proposed order that follows Paragraph 1 of the Guidelines for the Substantive Consolidation or Joint Administration of Related Debtor Entities, CSD 1514. In addition, the proposed order to consolidate must: (1) specify parties that will be on the combined service list; (2) provide that the docket entry to be entered for all member matters and member adversary proceedings identified must be in substantially the following form: An order consolidating this case/adversary proceeding with other cases/adversary proceedings has been entered pursuant to FRBP 7042, with the lead case designated as [fill in lead case name and number], for the joint administration and adjudication of [fill in core issue that was consolidated]. The docket of [fill in lead case name and number] should now be consulted on matters regarding [fill in core issue that was consolidated].