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CMS Security, Inc. v. Burlington Insurance Co.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA -- SAN FRANCISCO DIVISION


July 28, 2009

CMS SECURITY, INC., A CALIFORNIA CORPORATION, AND EVERAL THOMPSON, AN INDIVIDUAL, PLAINTIFFS,
v.
THE BURLINGTON INSURANCE COMPANY, A CORPORATION, AND DOES 1 -- 20, DEFENDANTS

The opinion of the court was delivered by: Maxine M. Chesney United States District Judge

[PROPOSED] ORDER GRANTING DEFENDANT'S MOTION TO CONSOLIDATE; VACATING HEARING

Before the Court is defendant's motion to consolidate this matter with the related case number C 09-02217 MMC. Plaintiffs have not filed opposition. Having read and considered the papers filed in support of the motion, the Court deems the matter suitable for decision thereon, VACATES the July 31, 2009 hearing, and rules as follows.

The Court finds that both cases involve common questions of law and fact. Accordingly, pursuant to FRCP 42(a), the Court hereby GRANTS defendant's motion such that both cases shall be and hereby are consolidated for all purposes, including trial.

In accordance with Civil Local Rule 3-4(b), the caption of every pleading filed in these consolidated actions shall denote the lead case number, C-09-02216 MMC.

All papers filed and served to date in the cases identified above are hereby deemed part of the record in these consolidated actions.

IT IS SO ORDERED:

20090728

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