42.1 Related Cases

(a) Defined

Related cases are cases which: (1) arise from substantially the same transaction or event; (2) involve substantially the same parties or property; (3) involve the same patent, trademark, or copyright; (4) call for the resolution of substantially the same questions of law; or (5) would entail substantial duplication of labor if heard by different judges.

(b) Notice

Whenever a civil action filed in or removed to this court involves a related case pending before another court or an administrative agency, counsel for the filing party shall dentify the related case or proceeding on the civil cover sheet filed in this court.  The duty to notify the court of any related proceeding continues throughout the time an action is before this court.

(c) Consolidation by Court

When it appears that two (2) or more cases may be related cases, the court may enter an initial consolidation order on its own initiative directing that, unless an objection is filed within a specified time, the cases will be consolidated. 

(d) Consolidation by Parties

If related cases are pending before a single judge or different judges, any party may move to consolidate the actions.  The motion shall list each case in the caption, beginning with the oldest case, and shall be heard by the judge to whom that case is assigned.

(e) Order of Consolidation

Upon motion of the parties or in the absence of an objection to the initial consolidation order, the court may issue an order of consolidation.

The court will transfer any motions pending in the former related cases to the main case.  Such motions will be treated as if they were refiled as of the date of the consolidation order.