Opinion
Civil Action No. 10-cv-00772-MSK-MJW Civil Action No. 11-cv-01132-REB-CBS
02-28-2012
ROEL ESPEJO CAMAYO; and JUVENCIO SAMANIEGO DAMIAN, Plaintiffs, v. JOHN PEROULIS & SONS SHEEP, INC., LOUIS PEROULIS; STANLEY PEROULIS; and CRISOLOGO DAMIAN, Defendants. JHOSEMAR SAMANIEGO FERNANDEZ, and SILVIO INGA BRUNO, Plaintiffs, v. JOHN PEROULIS & SONS SHEEP, INC., LOUIS PEROULIS; and STANLEY PEROULIS, Defendants.
Honorable Marcia S. Krieger
ORDER GRANTING MOTION TO CONSOLIDATE
THIS MATTER comes before the Court pursuant to the Plaintiffs' Motion to Consolidate (# 51), and Amended Motion to Consolidate (# 53), filed in Civil Action 10-cv-00772. That motion seeks to consolidate Civil Action 11-cv-1132, pending before Judge Blackburn, with the lower-numbered case pending before the undersigned. It appearing to the Court that consolidation is appropriate, and with the consent of Judge Blackburn, the motions are GRANTED. The Clerk of the Court shall reassign Civil Action 11-cv-1132 to the undersigned and consolidate it with Civil Action 10-cv-772.
The Court further orders that the Defendants' Motion to Dismiss (# 18) in Civil Action 11-cv-1132 is DENIED AS MOOT, insofar as the Plaintiffs have filed an Amended Complaint and the Defendants have moved (# 49) against that Amended Complaint. The Court is mindful that the more recent motion to dismiss incorporates arguments set forth in the earlier motion, and the denial of the earlier motion does not operate as an adjudication of those arguments incorporated by reference in the more recent motion.
BY THE COURT:
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Marcia S. Krieger
United States District Judge