Opinion
22-CV-0994 (JMF) 22-CV-1168 (JMF)
03-30-2022
ANDREW BAER et al., Plaintiffs, v. DUFF & PHELPS, LLC, Defendant. ATKINS INVESTMENT PARTNERSHIP et al., Plaintiffs, v. DUFF & PHELPS, LLC, Defendant.
ORDER
JESSE M. FURMAN, UNITED STATES DISTRICT JUDGE
On February 3, 2022, Plaintiffs Andrew Baer et al. filed a complaint in 22-CV-994. On February 10, 2022, Plaintiffs Atkins Investment Partnership et al. filed a similar complaint in 22-CV-1168. On March 7, 2022, the Court directed the parties to address whether consolidation would be appropriate. See 22-CV-994, ECF No. 11; 22-CV-1168, ECF No. 19.
Substantially for the reasons set forth by Defendant Duff & Phelps, LLC, in the parties' joint letter, see 22-CV-994, ECF No. 14; 22-CV-1168, ECF No. 24 - namely, because the two actions involve common questions of law and fact - it is hereby ordered that, pursuant to Rule 1 42(a)(2) of the Federal Rules of Civil Procedure, the two cases are consolidated under the case number 22-CV-994. All future filings shall be made on the 22-CV-994 docket only.
It is further ORDERED that Plaintiffs shall file a consolidated complaint no later than April 20, 2022. Defendant shall answer or otherwise respond to the complaint no later than May 20, 2022. The initial pretrial conference currently scheduled for May 9, 2022, in both cases is ADJOURNED sine die.
The Clerk of Court is directed to consolidate 22-CV-994 and 22-CV-1168 under case number 22-CV-994, and to close 22-CV-1168. The Clerk of Court is further directed to terminate 22-CV-994, ECF No. 15, and 22-CV-1168, ECF Nos. 23 and 24.
SO ORDERED. 2