Opinion
Case No. 1:18-cv-2422 Case No. 1:18-cv-2423 (related case)
02-06-2019
INFINITY CAPITAL LLC, et al., Plaintiffs, v. FRANCIS DAVID CORPORATION, Defendant.
OPINION & ORDER
[Resolving Doc. 27] :
Days before trial, Defendant Francis David Corporation moves to realign the parties. It now wants to be the plaintiff.
Docs. 27, 28. Plaintiffs oppose. Doc. 37.
Both sides assert claims; both sides bear burdens of proof. Thus, who is called what determines only who argues first at trial. The predominant issue in this case is whether Francis David's cancellation of contract payments was proper. Thus, Infinity Capital LLC and John Paul Golino should go first—they must demonstrate that the decision was unlawful.
Doc. 1; Notice of Removal, Francis David Corp. v. Infinity Capital LLC No. 1:18-cv-2423 (N.D. Ohio Oct. 18, 2018), ECF. No. 1.
Further, the Court determined the parties' alignment on November 9, 2018, when it consolidated these cases. If Francis David disagreed, it should have objected then—not on the eve of trial.
Doc. 13. --------
For the foregoing reasons, the Court DENIES Defendant's motion to realign.
IT IS SO ORDERED. Dated: February 6, 2019
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE