Opinion
Case No. 2:05CV00437.
August 12, 2005
ORDER (1) CONSOLIDATING SIMILAR CASES; AND (2) STAYING PROCEEDINGS
This case is one of three involving substantially the same parties and questions of fact and law. A second case is pending in the Fourth Judicial District of the Utah state court system (the "Utah County case"). A third case was pending before Judge Jorge A. Solis of the United States District Court for the Northern District of Texas; on August 8, 2005, however, Judge Solis transferred that case to the United States District Court for the District of Utah (the "transferred case"). The court acknowledges receipt of the transferred case, which was renumbered 2:05-CV-00670 in this district.
Civil Action No. 3:05-CV-1238-P.
After considering all memoranda filed in connection with defendants' Motion to Dismiss and/or Stay First Amended Complaint for Declaratory Judgment (No. 13), the court enters the following orders based on "considerations of practicality and wise judicial administration":
Wilton v. Seven Falls Co., 515 U.S. 277, 288 (1995).
1. Case No. 2:05CV00670, the transferred case, shall be consolidated into Case No. 2:05CV00437, the present case.
2. Defendants' Motion to Dismiss and/or Stay the Amended Complaint (No. 13) is GRANTED IN PART. This case, including all activity in the transferred case, is stayed pending final resolution of the Utah County case.
3. The parties are directed to file a status report with the court no later than 30 days following the resolution of the Utah County case.
4. The clerk's office is directed to administratively close the case.
SO ORDERED.