While Liberty Mutual’s and Standard Fire’s motions to sever have been pending, the Branch docket has had a severe case motion sickness. Judge Vance offered the cure in short order in what is a really short Order denying both motions as “premature”.
A typical Sarah Vance Order is detailed and lengthy – and this one is neither. When I read it the first time, I thought it would just take a few minutes to compose this post; but, then, I read it again and that was hours ago and this is my fourth sentence. Obviously, I’ve done more thinking than writing. Is it short and lacking in detail because it would be “premature” to say more or is she deliberately guarded?
She gives only one reason for denying the two motions to sever:
There appear to be at least one or more common issues of law or fact in this action that warrant consolidation under Rule 42 of the Federal Rule of Civil Procedure, at least in the pretrial phase of this case. See FED. R. CIV. P. 42(a) (“If actions before the court involve a common question of law or fact, the court may . . . consolidate the actions.”).
The reason is followed by what I’d call “passing mention” of several “common issues of law or fact”: Continue reading “In short Order – Judge Vance issues Order and Reasons with a few suggestions for Branch qui tam defendants”