Opinion
Civil Action Nos. 1:05-CV-1002, 1:06-CV-1356.
September 26, 2006
ORDER
AND NOW, this 26th day of September, 2006, upon consideration of the report of the magistrate judge (Civil Action No. 1:05-CV-1002, Doc. 35; Civil Action No. 1:06-CV-1356, Doc. 6), to which no objections have been filed, recommending the granting of the motions to consolidate the above-captioned cases (Civil Action No. 1:05-CV-1002, Doc. 27; Civil Action No. 1:06-CV-1356, Doc. 3), and it appearing that the above-captioned cases involve common parties and common questions of fact and law, see FED. R. CIV. P. 42(a), and that none of the parties oppose consolidation of the above-captioned cases, see Cella v. Togum Constructeur Ensembleier en Industrie Alimentaire, 173 F.3d 909, 912-13 (3d Cir. 1999) (discussing consolidation), it is hereby ORDERED that the report and recommendation of the magistrate judge (Civil Action No. 1:05-CV-1002, Doc. 35; Civil Action No. 1:06-CV-1356, Doc. 6) is ADOPTED as follows:
1. The motions (Civil Action No. 1:05-CV-1002, Doc. 27; Civil Action No. 1:06-CV-1356, Doc. 3) to consolidate the above-captioned cases are GRANTED.
2. The above-captioned cases are CONSOLIDATED for all purposes.
3. The Clerk of Court is directed to CONSOLIDATE the case docketed as Civil Action No. 1:06-CV-1356 into the case docketed as Civil Action No. 1:05-CV-1002 and to CLOSE the case docketed as Civil Action No. 1:06-CV-1356.
4. All future documents filed in this consolidated case shall be filed under the case docketed as Civil Action No. 1:05-CV-1002.
5. The case management order issued in Civil Action No. 1:06-CV-1356 (Doc. 11) shall remain applicable in Civil Action No. 1:05-CV-1002.
6. The above-captioned case is REMANDED to the magistrate judge for further proceedings.