Local Rule DUCivR 42-1: CONSOLIDATION OF CIVIL CASES

DUCivR 42-1 CONSOLIDATION OF CIVIL CASES

(a) Motion.

If cases involve a common question of law or fact and are pending before different judges, any party to a later-filed case may file a motion and proposed order to consolidate the case to the judge with the lowest-numbered case.

(b) Filing the Motion and Notice.

The motion must be filed in the lowest-numbered case even if that case is on consent with a magistrate judge presiding. The movant must also file a notice of the motion in all other cases proposed for consolidation with the assistance of the Clerk's Office. The judges assigned to the cases will confer about the appropriateness of the request. The judge assigned to the lowest-numbered case will decide the motion.

(c) Consolidation Without a Motion.

The court may enter an order of consolidation on its own. An order entered is effective 14 days after service unless an objection is filed within that time. If a timely objection is filed, no transfer will occur until the judge assigned to the lowest-numbered case rules on the objection.