Free Motion to Consolidate Cases - District Court of Federal Claims - federal

Case 1:06-cv-00167-TCW

Document 48

Filed 05/02/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) No. 06-167L ) Hon. Lawrence M. Baskir ) (electronically filed 5-2-08) ) ) ) )

OTAY MESA PROPERTY L.P., et al., Plaintiffs, v. UNITED STATES, Defendant.

JOINT MOTION TO CONSOLIDATE FOR TRIAL Under RCFC 40.1(b) and 42, Plaintiffs Otay Mesa Property L.P., Rancho Vista Del Mar, and Otay International, Inc., and Defendant, United States, jointly move this Court to consolidate these cases with International Industrial Park, Inc. v. United States, No. 06876, for trial of liability issues. As discussed in the accompanying memorandum in support, this motion should be granted because these cases and International Park involve common issues of law and fact, and consolidation will avoid unnecessary costs and delay, while promoting docket efficiency and the efficient administration of justice. In addition, the parties have also requested that D&D Landholders v. United States, No. 06-877, currently pending before the Honorable Margaret Sweeney, be consolidated before Judge

Case 1:06-cv-00167-TCW

Document 48

Filed 05/02/2008

Page 2 of 2

Wheeler for purposes of a liability determination. Counsel for Plaintiffs has conferred with counsel for Defendant, who has agreed that this motion may be submitted on behalf of both parties.

Respectfully submitted, s/ Roger J. Marzulla Roger J. Marzulla Nancie G. Marzulla MARZULLA & MARZULLA 1350 Connecticut Ave., N.W. Suite 410 Washington, D.C. 20036 (202) 822-6760 (telephone) (202) 822-6774 (facsimile) Counsel for Plaintiffs Submitted: May 2, 2008