UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
August 20, 2012
NATIONAL UNION FIRE INSURANCE COMPANY ET AL.
MGA ENTERTAINMENT INC. ET AL.;
EVANSTON INSURANCE COMPANY
MGAENTERTAINMENT INC. ET AL.
The opinion of the court was delivered by: The Honorable David O. Carter, Judge
CIVIL MINUTES - GENERAL
Julie Barrera Not Present
Courtroom Clerk Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFFS:
ATTORNEYS PRESENT FOR DEFENDANTS:
NONE PRESENT NONE PRESENT
PROCEEDING (IN CHAMBERS): ORDER TO SHOW CAUSE WHY THESE CASES SHOULD
NOT BE COMBINED AND SETTING STATUS CONFERENCE
Before the Court are two cases filed against the same Defendants, MGA Entertainment Inc. And Isaac Larian ("Defendants"): (1) National Fire Insurance Company et al. v. MGA Entertainment Inc. et al., SA CV 12-0943-DOC(RNBx)("12-0943"); and (2) Evanston Insurance
MGA Entertainment Inc. et al., SA CV 12-5654-DOC(RNBx)("12-5654").
The Court is intimately familiar with the factual predicate of these cases, which appear to share the: (1) same causes of action for reimbursement and unjust enrichment against Defendants as insureds of Plaintiffs; and (2) some factual allegations against Defendants regarding their activities in the underlying litigation. The Court previously resolved, in a single case, several disputes between Plaintiffs and Defendants regarding the underlying action. See MGA Entertainment Inc. et al. v
, SA CV 08-0457-DOC(RNBx).
Accordingly, the Court ORDERS Plaintiffs to SHOW CAUSE why these cases should not be combined. Plaintiff shall file a response to this Order of no more than 4 pages on or before August 22, 2012. Failure to file a response to this Order shall be deemed consent to consolidating
If any of the Defendants in these three actions wishes to file a response to this Order or a reply to Plaintiff's response, they must do so in a brief of no more than 4 pages on or before August . Failure to file shall be deemed consent to consolidating these cases.
The Court also SCHEDULES a status conference at which all parties in both cases shall appear before this Court on August 24, 2012, at 10:30 a.m.
If no party files a brief opposing consolidation by the deadlines imposed herein, then this Court ORDERS that, after the status conference on August 24, 2012:
* The following two cases are consolidated into one: (1) National Fire Insurance Company et al. v. MGA Entertainment Inc. et al., SA CV 12-0943-DOC(RNBx)("12-0943"); and (2) Evanston Insurance Company v. MGA Entertainment Inc. et al., SA CV 12-5654-DOC(RNBx)("12-5654").
* The heading of the consolidated case shall be National Fire Insurance Company et al. v. MGA Entertainment Inc. et al., SA CV 12-0943-DOC(RNBx).
* On or before August 29, 2012, Plaintiffs shall file an Amended Complaint in the consolidated case that shall include all defendants that Plaintiffs intend to keep in the consolidated case
* On or before September 26, 2012, all defendants in the consolidated case shall file an Answer to the Amended Complaint
* Any motions, pleadings, or answers filed prior to consolidation on August 24, 2012, shall be struck and must be refiled to be considered by this Court.
The Clerk shall serve a copy of this minute order on counsel for all parties in this action.
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