February 7, 2011
D. JAMES HADEL, ET AL., PLAINTIFFS,
WILLIS ROOF CONSULTING, INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Roger L. Hunt Chief United States District Judge
(Motion to Consolidate--#266)
Earlier today, February 7, 2011, the Court inadvertently issued an order (#275) on Defendants' Motion to Consolidate (#266) before Defendants had the opportunity to file a reply. Defendants have now filed a reply (#276). The Court has considered Defendants reply and finds no reason to change its previous order (#275). Moreover, it appears from the reply that one of Defendants' purposes in seeking to consolidate the cases was to avoid Plaintiffs' efforts to remand the Second Lawsuit. A desire to avoid remand is not a proper basis on which to consolidate.
Accordingly, and for good cause appearing, IT IS HEREBY ORDERED that the Court's Order (#275), entered on February 7, 2011, is the correct and final order for Defendants' Motion to Consolidate (#266).
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