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16-428 - Zephyr Rail Services, L.L.C. v. Messina et al


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16-428 - Zephyr Rail Services, L.L.C. v. Messina et al
April 12, 2017
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ORDER granting 39 Motion to Consolidate Cases. The following cases are consolidated for all stages of the case prior to appeal, including trial: 8:16-cv-00428-JMG-CRZ Zephyr Rail Services, L.L.C. v. Messina et al and 8:17-cv-00084-JMG-CRZ Zephyr Rail Services, L.L.C. et al v. National Passenger Car Repair, L.L.C. et al. Case 8:16-cv-00428-JMG-CRZ Zephyr Rail Services, L.L.C. v. Messina et al is hereby designated as the "Lead Case," and 8:17-cv-00084-JMG-CRZ Zephyr Rail Services, L.L.C. et al v. National Passenger Car Repair, L.L.C. et al is designated as a "Member Case." The court's CM/ECF System has the capacity for "spreading" text among consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in the Member Case. To this end, the parties are instructed to file in the Lead Case, 8:16-cv-00428-JMG-CRZ Zephyr Rail Services, L.L.C. v. Messina et al, all further documents except those described in paragraph 4 and to select the option "yes" in response to the System's question of whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; to file items related to service of process; or to file notices of appeal. If a party believes that an item in addition to those described in paragraph 4 should not be filed in both of these consolidated cases, the party must move for permission to file the item in only one of the cases. The motion must be filed in both of the consolidated cases using the spread text feature. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
July 13, 2017
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ORDER as to the pending motions in this case, the parties anticipated joint stipulation to transfer this case to the United States District Court for the District of New Jersey shall be filed on or before July 20, 2017. Any remaining deadlines for responding or replying to the pending motions, and the courts review and consideration of those motions, is stayed pending further order of this court or the New Jersey federal court. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
July 17, 2017
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ORDER - that upon review of the parties' joint stipulation, (8:16CV428, Filing No. 59; 8:17CV84, Filing No. 34), which is hereby granted. In 8:16CV428-JMG-CRZ, Zephyr Rail Services, L.L.C. v. Messina et al.: The clerk's entry of default, (Filing No. 51), is stricken. Plaintiff's Motion for Default Judgment, (Filing No. 49), is denied as moot. Defendant Messina's Motion to Set Aside Default Judgment Fed. R. Civ. P. 55(c), (Filing No. 52), is denied as moot. Plaintiff's Motion for Attorney Fees and Reimbursement of Service Expenses incurred in effectuating service on Defendant Peter Messina, Jr., (Filing No. 48), is denied without prejudice to re-filing this motion after transfer to the New Jersey federal court. Defendant Charles C. Jensen is dismissed without prejudice for lack of personal jurisdiction, judgment to be entered accordingly. The clerk shall transfer 8:16CV428-JMG-CRZ, Zephyr Rail Services, L.L.C. v. Messina to the United States District Court for the District of New Jersey. 8:17CV84-JMG-CRZ Zephyr Rail Services, L.L.C. et al v. National Passenger Car Repair, L.L.C. et al, is dismissed without prejudice for lack of personal jurisdiction, and judgment will be entered accordingly. Member Cases: 8:16-cv-00428-JMG-CRZ, 8:17-cv-00084-JMG-CRZ Ordered by Judge John M. Gerrard. (KLF)