Opinion
Case numbers 07-13203 07-13204.
November 6, 2007
ORDER
On July 18, 2007, the United States Bankruptcy Court for the Eastern District of Michigan issued two separate orders in Bankruptcy Case Number 06-51141; to wit, (1) an order which denied the confirmation of a plan reorganization, as proposed by the Appellant, Results Systems Corporation ("Results Systems"), and (2) an order which converted the case to Chapter 7. An appeal from the two bankruptcy court decisions by Results Systems to this Court followed.
According to the official records, Keystone Automotive Industries, Inc. ("Keystone Automotive") had joined Results Systems Corporation in proposing the plan confirmation to the Bankruptcy Court. However, there is no indication that Keystone Automotive has joined Results Systems in its appeal to this Court.
On September 11, 2007, Results Systems filed a motion to consolidate the two appeals, stating that (1) both matters share nearly identical procedural and factual histories, and (2) there is a significant overlap in the legal analysis of each case. No opposition to this motion has been filed by the Appellee, MQVP, Incorporated ("MQVP"), as of this date.
Results Systems also filed a motion on the same date, in which it requested an extension of time to file its appellate brief with this Court. Noting that MQVP has not filed any opposition to this motion and believing that the requested relief is appropriate, Results Systems will be given a period of ten (10) days from the date of this order in which to file a single brief that will address the issues on appeal.
The Court, having reviewed Fed.R.Civ.P. 42, as well as the record in this cause, finds that (1) there are common facts and questions of law in each appeal, and (2) a consolidation of these two matters will avoid an unnecessary delay and expenditure of costs. Thus, the Court will grant Results Systems' motion to consolidate. All subsequent pleadings (e.g., motions, responses, briefs, etc.) shall be filed under Case No. 07-13203.
IT IS SO ORDERED.