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Life Insurance Co. of North America v. Nesom

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 19, 2009

LIFE INSURANCE COMPANY OF NORTH AMERICA PLAINTIFF
v.
JAN NESOM, ET AL. DEFENDANTS.
NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE PLAINTIFF
v.
JAN NESOM, ET AL. DEFENDANTS.

ORDER

Presently before the court is a letter motion from Attorney Goldberg that requests that this case be consolidated with another case. (Dkt. No. 22). The letter motion also includes new deadlines for both cases. Id.

On November 12, 2009, the court conducted a telephone conference. Both cases were filed by insurance companies and involve the disbursement of life insurance proceeds to beneficiaries of decedent James B. Straney. Both life insurance companies have deposited the proceeds of the policies with the court. The possible beneficiaries and their respective attorneys are the same in both cases. The court finds good cause to consolidate the cases.

WHEREFORE it is hereby

ORDERED, that the letter motion (Dkt. No. 22) is GRANTED, and the clerk shall consolidate the two cases; and it is further

ORDERED, that the earlier case, Life Insurance Company of North America v. Nesom, et al., 6:09-CV-11 (DNH/GJD), be designated as the LEAD CASE in this litigation, and the later case, North American Company for Life and Health Insurance v. Nesom, et al., 6:09-CV-1118 (DNH/GJD), be designated as the MEMBER CASE; and it is further

ORDERED, that the two cases shall be tried at the same time; and it is further

ORDERED, that the deadlines in the Uniform Pretrial Scheduling Order in 6:09-CV-11 be modified as follows, and made applicable in both cases:

Complete Discovery 5/3/2010 Identification of expert(s) & report(s) served 2/9/2010 Rebuttal Expert(s) & report(s) served 3/3/2010 Expert Preclusion Motion(s) served 6/1/2010 Dispositive Motion(s) served 6/1/2010 Trial Ready Date (if no dispositive motions) 7/30/2010 and it is further

ORDERED, that the parties review and abide by Local Rule 7.1(b)(2) when engaging in non-dispositive motion practice.

20091119

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