Opinion
CV-22-00455-TUC-JCH 22- CV-00433-TUC-LCK
10-18-2022
DD IP Holder LLC, et al., Plaintiffs, v. Ram Donuts Incorporated, Defendant.
ORDER
Honorable John C. Hinderaker, United States District Judge.
In an Order dated October 7, 2022, this Court deferred granting the parties' "Stipulated Motion to Consolidate Related Case," (Doc. 9), for seven (7) days to allow the parties the opportunity to file "Consent to Exercise of Jurisdiction by a United States Magistrate Judge" forms ("Consent Forms") in this action. (See Doc. 10.) Plaintiffs DD IP Holder and BR IP Holder LLC (collectively, "Plaintiffs") and Defendant Ram Donuts, Inc. ("Ram Donuts") have filed their Consent Forms. (Docs. 14, 15.)
As previously indicated, the parties have made a compelling case for consolidation of this action (the "Instant Action") with the action currently pending before Magistrate Judge Lynnette C Kimmins in Ram Donuts, Inc. v. Dunkin' Donuts Franchising LLC et al., Case No. 4:22-cv-00433-LCK (the "Pending Action"). (See Doc. 10 at 3.) Both actions involve common questions of law and fact; consolidation will promote efficiency and avoid the potential for inconsistent outcomes. As such, the Court grants the parties' Stipulation.
Accordingly, IT IS ORDERED GRANTING the parties' Stipulated Motion to Consolidate Related Case (Doc. 9).
IT IS FURTHER ORDERED that the Clerk of the Court shall consolidate 4:22-CV-22-00455-TUC-JCH (Consolidated) with 4:22-CV-00433-TUC-LCK (Lead). The Clerk of the Court shall file a copy of this Order in both 4:22-CV-22-00455-TUC-JCH and 4:22-CV-00433-TUC-LCK. All future filings shall bear case number 4:22-CV-00433-TUC-LCK as the lead case and be submitted in substantially the same format as the caption of this order. All future filings related to these cases shall be filed in 4:22-CV-00433-TUC-LCK.