Opinion
Nos. C06-0105 MJP, C06-0106 MJP, C06-107 MJP.
February 21, 2006
Katie Smith Matison, WSBA No. 20737, Charles R. Ekberg, WSBA No. 00342, Attorneys for Plaintiff, Washington Mutual Bank, a federal association, LANE POWELL PC.
Scott Collins, WSBA #18399, Attorneys for Claimants, Harbor Enterprises, Inc., d/b/a Petro Marine Services and Shoreside Petroleum, Inc., HELSELL FETTERMAN LLP.
CONSOLIDATED ACTIONS [PROPOSED] ORDER
THIS DAY THIS CAUSE came on to be heard upon the Stipulated Motion of Plaintiff Washington Mutual Bank, a federal association, and Claimants Harbor Enterprises, Inc. d/b/a Petro Marine Services and Shoreside Petroleum, Inc. seeking to consolidate the actions pending in C06-105MJP, C06-106MJP, and C06-107MJP pursuant to Fed.R.Civ.P. 42(a) and this Court, upon consideration thereof, finds that a consolidation of these actions would promote judicial economy and convenience because the three actions all arise under the Admiralty Jurisdiction of this Court pursuant to 28 U.S.C. § 1333(1) and Rule 9(h) of the Federal Rules of Civil Procedure, share a common plaintiff, and require consideration of common questions of law and fact arising out of an interpretation of federal maritime lien priorities pursuant to Title 46 U.S.C. §§ 31301 through § 31343, inclusive. This Court further finds that the defendant Vessels are sisterships, owned by a common owner, are secured by a common single promissory note and that consolidation will not prejudice the in rem defendants.
IT IS THEREFORE ORDERED AND ADJUDGED that Cause Nos. C06-105MJP, C06-106MJP, and C06-107MJP are hereby consolidated through trial under the single cause number C06-105MJP and that the United States District Clerk is directed to amend the docket accordingly.
SO ORDERED.