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A Motion to Consolidate is a request to combine the assets and liabilities of two or more debtors, which is in contrast to a Motion for Joint Administration which merely seeks to procedurally administer two or more cases together.
Rule 4.03 (FRCP 42) Motions to Consolidate. A party desiring the consolidation of related cases shall file a motion in the case bearing the lowest cause number. The movant shall file in each related case a notice of the motion, to which a copy of the motion shall be attached.
Consolidation must be sought through the filing of a written motion that states the reasons for requesting consolidation. Such motion should include a cover page labeled ?MOTION FOR CONSOLIDATION? and comply with the deadlines and requirements for filing.
In a consolidation for trial, ?the pleadings, verdicts, findings and judgments are kept separate; the actions are simply tried together for the sake of convenience and judicial economy.? (See Sanchez v. Superior Court, (1988) 203 Cal.
The motion is used by a party who is requesting that a Court consolidate two or more cases on the grounds that consolidation of the cases is warranted in that all of the cases arise out of the same set of operative facts and contain common issues and further that consolidation of all of the cases will avoid unnecessary ...