Grant v. Walls
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SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-04-624 9 * I ',' STATE OF MAINE CUMBERLAND, ss. r-. ' J < BETTY GRANT, - Plaintiff I n ORDER . --)Defendant ' " - Before the court is plaintiff's motion to continue this case off the trial list and to consolidate it with &ant v. State Farm Mutual Automobile Insurance Co., et al, CV-06169. The court will reserve decision on the motion for a continuance until it decides the motion to consolidate. In the court's view, the motion to consolidate must be made in both the instant case and in CV-06-169 so that all affected parties can be heard. At tkus point a motion to consolidate has only been filed in CV-04-624. As to one defendanr in CV-06-169, this would not be necessary because counsel for defendant State Farm in CV-06-169 is the sari-~e counsel who represents Walls in CV-04-624. That counsel consents to consolidation. However, OneBeacon is also a defendant in CV-06-169 and its time to answer in 06-169 has not expired. Although a copy of the motion to consolidate has apparently been sent to One Beacon's registered agent, plaintiff is directed to formally file her consolidation motion in CV-06-169 as soon as counsel for OneBeacon has appeared in that case. Once OneBeacon has respontled, the court will consider the consolidation issue. Finally, counsel should not assume that the motion to continue and consolidate will necessarily be granted once OneBeacon has responded. A proposal to add OneBeacon as a defendant was discussed in a pleading filed in this case in July 2005, and the court is not aware of any explanation for the ensuing delay. Ths is particularly h e since h s case (CV-04-624) has been pending since October 2004, since the discovery deadline in this case expired more than two months ago (after at least one extension), and since this case is now on a trial list. The entry shall be: Procedural order entered. The clerk is directed to incorporate t h s order in the docket by reference pursuant to rule 79(a). Dated: May $5- , 2006 Thomas D. Warren Justice, Superior Court : COURTS ~d County IX 287 e 041 12-0287 MACADAM, ESQ 208 FORE STREET PORTLA\Q, ME 04101 JmES \ . ' COURTS i d County )x 287 e 041 12-0287 'CHRISTOPHER DINAN, ESQ. ]PO BOX 7046 IJORTLAND, ME 04112-7046
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