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Consolidation Motion (Fed)
CERTIFICATE OF CONFERENCE
During the week of __________, a conference was held with the attorney for the opposing party on the merits of this Motion. Agreement could not be reached;1 therefore, it is presented to the Court for determination.
_________________________________
Attorney
DEFENDANTS' MOTION TO CONSOLIDATE
COME NOW Defendants in the above-referenced matter and would show the Court as follows:
I. Background and Relief Sought
Two identical lawsuits involving the exact same set of facts, issues and causes of action were recently filed in ________ County State Court. Both of these cases were removed to the ________ District of Texas on __________. By chance, the first was removed to this court and the other was removed to Judge _______'s court.
Plaintiff's attorney initially suggested consolidation in Judge _______'s court. Pursuant to the local rules, Defendants request that the later-removed case (currently pending in Judge _______'s court) be transferred to this court and consolidated with the action currently pending in this court.
II. Facts
Plaintiff ______ and __________ ("Plaintiff Two"), who is the plaintiff in the other lawsuit against the same Defendants in this case, were both employees with _________ Corporation ("Corp."). They had similar job duties and responsibilities and were both employed at the same location by Defendant Corp. The Plaintiffs were fired for identical reasons (violating Corp.'s drug and alcohol abuse policy). Further, at all times relevant to this lawsuit, Plaintiffs were sharing the same residence.
Plaintiffs have retained the same lawyer and have filed absolutely identical lawsuits and pleadings against Defendants. Plaintiffs have pled the same causes of action and have alleged identical facts supporting those causes of action. Both Plaintiffs signed identical employment agreements. The affidavits that Plaintiffs have filed in support of their lawsuits are virtually identical. Indeed, Plaintiff has filed Plaintiff Two's affidavit in Plaintiff's case to buttress her arguments. A true and correct copy of Plaintiff One's First Amended Petition is attached hereto as Exhibit "A" and incorporated herein. This document indicates the identical nature of Plaintiff's and Plaintiff Two's claims. In sum, the facts, causes of action pled, defenses and issues in these two matters are absolutely and completely identical.
III. Argument
A. The Standard for Consolidation
Since common questions of fact...
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- Substantive Forms
- Special Exception and Answer (State Court)
- Motion to Stay Pending Arbitration, Alternatively Motion to Dismiss (Federal Court)
- Defendant's Standard Brief in Support of Motion to Stay Pending Arbitration (Federal Court)
- Defendant's Standard Brief in Support of Motion to Compel Arbitration, Dismiss and Stay Proceedings (State Court)
- Motion to Compel Arbitration, Dismiss, and Stay (State Court)
- Petition to Compel Arbitration (State Court)
- Plaintiff's Original Petition
- General Complete Release in Favor of Defendant (With Mutuality Option)
- Separation and Release Agreement (For Unrepresented Employee)
- Settlement Agreement and Release (Includes OWBPA Language)
- Defendant's Motion for Summary Judgment: Mitigation of Damages
- Notice of Intent to Use Discovery Products
- Affidavit - Discovery Authentication
- Affidavit - Authentication of Deposition Excerpts
- Order Granting Objections to Summary Judgment Evidence
- Affidavit - Business Records
- Emergency Motion for Temporary Stay Pending Appeal to 5th Circuit
- Brief for Emergency Motion for Temporary Stay
- Unopposed Motion to Expe 5th Circuit Appeal
- Brief Supporting Motion to Expe Appeal
- Opposition to Motion to Vacate Arbitration Award; Motion and Brief to Confirm Arbitration Award
- Consolidation Motion (Fed)
- Response to EEOC Charge of Discrimination
- Joinder in/Consent to Removal
- Defendant's Motion for Summary Judgment: After-Acquired Evidence, Wrongful Discharge, Constructive Discharge, IIED, Retaliation, Whistleblowing
- Amended Complaint - TCHRA - Age Discrimination
- Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction and Supporting Brief - Title VII - Federal Court
- Defendant's Plea to Jurisdiction
- Plaintiff's Brief in Support of Motion for Summary Judgment - ADEA - Federal Court
- Plaintiff's Letter Brief - Gender Discrimination - Cat's Paw Doctrine
- Plaintiff's Petition - Employment Agreement - Fraud
- Plaintiff's Petition - Workers' Compensation Retaliation
- Plaintiff's Response to Defendant Employer's Motion for Summary Judgment - Workers' Compensation Retaliation Case
- Motion for Summary Judgment (by Employer) for False Imprisonment and Breach of Contract
- Plaintiff's Original Petition - Sabine Pilot/Refusal to Perform Illegal Act
- Plaintiff's Original Petition-FMLA, ADEA
- Plaintiff's Motion to Dismiss Pursuant to Settlement
- Order of Dismissal
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