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Friday, September 24, 2021

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Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

LR 42 - Consolidation; Separate Trials

(See Fed. R. Civ. P. 42)

LR 42-1 Reference to The Manual for Complex Litigation

Unless otherwise directed by the Court, consolidation and case management of complex or related cases are governed by the principles set forth in The Manual for Complex Litigation (4th ed. 2004).

Practice Tip

This manual is published by The Federal Judicial Center and may be purchased from the U.S. Government Printing Office: 1995 - 395 - 123 / 30538, and also available from other sources, including Mathew Bender, West, and the Internet (www.fjc.gov).


LR 42-2 Responsibilities of Counsel

It is the responsibility of counsel to identify complex or related cases and to bring the matter promptly to the attention of the Court.

LR 42-3 Related Cases

For good cause shown and consistent with Fed. R. Civ. P. 42, any party may file and serve a motion to consolidate, or oppose consolidation, or for a separate trial of related cases. When a party seeks or opposes consolidation, the motion or opposition must be filed in each case to be consolidated. Each motion or opposition must include:

  1. The case number, case title, and assigned judge of every related case pending in the District of Oregon.
  2. The case number, case title, assigned judge, and court location of every other related case pending in any other state or federal court.
  3. The common question of law or fact at issue in each case.
  4. The status in each case of all pending motions, Court imposed deadlines, case management schedules, trial dates, etc.
  5. The reason that the cases should be reassigned and managed by a single judicial officer.
  6. The position of the other parties, if known.
  7. The scope of consolidation requested, e.g., for hearing on a motion; for pretrial and discovery; or for all further proceedings, including trial.

LR 42-4 Document Caption Requirements After Consolidation

(a) Designation of Lead Case

Unless otherwise directed by the Court, the earliest filed consolidated case will be designated as the lead case for administrative control and case management purposes.

(b) Identifying Lead Case Information on Consolidated Case Papers

Unless otherwise directed by the Court, parties will file all pleadings, motions, and other case documents in the lead case only. The case number and designation of the lead case must be listed first in the document title of every document filed in consolidated cases.

Practice Tip

For example, if a party in case 3:04-CV-01111-RE, which has been consolidated with 3:04-CV-00999-RE, wishes to file a motion to compel, then the document title for the motion would read as follows:

3:04-CV-00999-RE (Lead Case)
3:04-CV-01111-RE (Trailing Case)

PLAINTIFF JOHN SMITH'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS


Amendment History to LR 42
June 1, 2002
LR 42.5(c) ". . . . submission of pleadings and documents" added.
June 1, 2006
LR 42.1 "This manual is published . . ." stricken and moved to new Practice Tip.
Practice Tip added.
LR 42.4(g) The word "etc." stricken.
LR 42.5(b) Practice Tip examples modified.
December 1, 2009
LR 42 Changed caption.
LR 42-1 Changed publication references.
LR 42.3 Former LR 42.3 deleted.
LR 42-3 Former LR 42.4. Caption amended. Added "and consistent with Fed. R. Civ. P. 42," and deleted "of two or more cases."
LR 42-4 Former LR 42.5 with subsection (c) deleted.
January 1, 2011
LR 42-4(b) Rule modification to reflect current practice of filing documents in the lead case only following consolidation of cases. CM/ECF functionality allows the text of the events to be spread to the trailing cases thereby maintaining all of the individual case dockets.
March 1, 2012
LR 42-4(b) Case number references in the Practice Tip modified to include the divisional office code and display of the case number as five digits.
March 1, 2014
LR 42-1 Practice Tip Lowercase "The" before "Federal Judicial Center."
LR 42-3(d) Inserted a hyphen between "Court" and "imposed."

LR 1 - Scope and Purpose

LR 3 - Commencement of Action

LR 4 - Summons

LR 5 - Service and Filing of Pleadings and Papers

LR 5.2 - Redaction of Filings

LR 6 - Computing Time After Service

LR 7 - Motions Practice

LR 7.1 - Disclosure Statement

LR 10 - Form of Pleadings and Other Documents

LR 11 - Signature Requirements

LR 15 - Amended and Supplemental Pleadings

LR 16 - Pretrial Conferences, Scheduling, and Case Management

LR 23 - Class Actions

LR 26 - Discovery

LR 27 - Depositions: Before Action or Pending Appeal

LR 28 - Depositions in a Foreign Country

LR 29 - Stipulations About Discovery Procedure

LR 30 - Depositions

LR 33 - Interrogatories

LR 34 - Requests for Production

LR 36 - Requests for Admission

LR 37 - Motions to Compel

LR 38 - Right to a Jury Trial

LR 40 - Scheduling Cases for Trial

LR 41 - Dismissal of Action

LR 42 - Consolidation; Separate Trials

LR 45 - Subpoena

LR 47 - Selecting Jurors

LR 48 - Jurors and Participation in the Verdict

LR 51 - Instructions to the Jury

LR 54 - Bill of Costs and Attorney Fees

LR 55 - Default

LR 56 - Summary Judgment

LR 65 - Injunctions and Restraining Orders

LR 65.1 - Securities and Sureties

LR 67 - Deposits in Court

LR 68 - Offer of Judgment

LR 72 - Magistrate Judges: Pretrial Order

LR 73 - Magistrate Judges: Trial by Consent

LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment

LR 79 - Records Kept by the Clerk

LR 81 - Habeas Corpus Petitions

LR 83 - Rules and Directives - By the District Court

LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

Timetable for Lawyers