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Michael G. Brautigam v. Robert E. Rubin

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


December 15, 2011

MICHAEL G. BRAUTIGAM,
PLAINTIFF,
v.
ROBERT E. RUBIN, ET AL. CITIGROUP, INC. AND
DEFENDANTS, NOMINAL DEFENDANT.
WILLIAM FITZPATRICK,
PLAINTIFF,
v.
ROBERT E. RUBIN, ET AL. CITIGROUP, INC. AND
DEFENDANTS, NOMINAL DEFENDANT.

OPINION

OPINION

The plaintiffs in these two related actions seek the consolidation of the two cases and the appointment of lead counsel. Defendants do not oppose consolidation of the two actions and take no position with respect to the plaintiffs' request for appointment of counsel.

The motions are granted.

DISCUSSION

Consolidation

Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, the court has discretion to consolidate cases for pre-trial purposes. See Johnson v. Celotex Corp., 899 F.2d 1281, 1284-85 (2d Cir. 1990), cert. denied, 498 U.S. 920 (1990). "In the exercise of discretion, courts have taken the view that considerations of judicial economy favor consolidation." Id. at 1285; see alsoConsorti v. Armstrong World Indus., Inc., 72 F.3d 1003, 1006 (2d Cir. 1995).

The defendants do not object to consolidation in this case and it would be economical to have these cases, which include substantially similar allegations, consolidated into one action.

All future filings in these cases are to be filed in the docket for case number 11 Civ. 2693.

Appointment of Counsel

An order consolidating cases for pre-trial purposes may also set a leadership structure for the consolidated proceedings. See MacAlister v. Guterma, 263 F.2d 65, 68 (2d Cir. 1958). Appointment of lead counsel serves to prevent "overlapping duplication in motion practices and pre-

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