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...