Legal Consolidation Request

LEGAL CONSOLIDATION REQUEST

This Legal Consolidation Request (the "Request") is submitted on behalf of Requesting Party: and Responding Party: pursuant to the applicable rules of civil procedure of the Court of: in Jurisdiction: . The matters proposed for consolidation are identified by case numbers: and were originally filed on or about: .

RECITALS

WHEREAS, Requesting Party and Responding Party are parties to multiple civil actions or proceedings that involve substantially similar questions of law and fact and overlapping parties; and

WHEREAS, consolidation of the identified matters will promote judicial economy, avoid duplication of discovery and inconsistent rulings, and serve the convenience of the parties and witnesses without prejudicing any party's substantive rights; and

WHEREAS, counsel for the parties have conferred in good faith regarding consolidation and have agreed upon the procedural framework set forth herein, or, alternatively, Requesting Party seeks consolidation for good cause shown under the controlling procedural rules.

NOW, THEREFORE

In consideration of the mutual covenants and representations contained in this Request and the recitals above, the parties jointly request that the Court enter an order consolidating the identified matters on the terms set forth below.

1. Definitions

For purposes of this Request, the following terms shall have the meanings set forth below. "Consolidated Action" means the unified proceeding created by Court order combining the identified matters. "Lead Case" means the matter designated by the parties as the principal file under which consolidated pleadings and orders will be filed.

2. Request for Consolidation

Requesting Party respectfully requests consolidation of the matters identified in Section 0 into a single Consolidated Action. The parties propose that the Lead Case shall be: and that all future filings in the Consolidated Action be filed under the Lead Case number unless otherwise ordered by the Court.

3. Grounds and Supporting Facts

The grounds for consolidation include, without limitation: common questions of law and fact, overlapping parties and witnesses, the need to avoid duplicative discovery and inconsistent pretrial rulings, and the promotion of judicial economy. Specific supporting facts and legal authority are summarized as follows:

4. Proposed Case Management and Schedule

The parties propose the following initial case-management steps following consolidation (check applicable items and provide proposed dates where indicated):

Designate lead counsel for consolidated matters

Joint initial status conference — Proposed date:

Submit consolidated discovery plan — Proposed deadline:

5. Effect of Consolidation

Upon entry of an order consolidating the matters, the Consolidated Action shall proceed as a single case for all pretrial and trial purposes unless and until the Court orders otherwise. Consolidation shall not be deemed to constitute a merger of claims or parties or to affect any party's substantive rights, defenses, or affirmative claims, all of which are expressly preserved.

6. Preservation of Claims and Defenses

All parties reserve the right to assert any and all claims, counterclaims, defenses, affirmative defenses, motions, and objections in the Consolidated Action. No party shall be deemed to have waived any rights by virtue of this Request, except to the extent expressly agreed in writing below.

7. Exhibits and Attachments

The following exhibits are submitted in support of this Request and are incorporated by reference: Exhibit A — List of cases proposed for consolidation and party captions; Exhibit B — Short statement of counsel conferring and position on consolidation; Exhibit C — Proposed form of consolidation order.

8. Notices

All formal notices and correspondence required or permitted under this Request shall be in writing and delivered to the addresses below by hand, overnight carrier, or first-class mail.

9. Certification of Counsel

Counsel for the undersigned certify under penalty of perjury that they have met and conferred in good faith regarding the propriety and logistics of consolidation, and that the representations contained in this Request are true and correct to the best of their knowledge.

10. Governing Law

This Request and any order entered in connection with consolidation shall be governed by the laws and procedural rules of the jurisdiction in which the Court sits, without regard to conflict of laws principles.

11. Entire Agreement

This Request constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, between the parties.

12. Severability

If any provision of this Request is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the intention of the parties as reflected herein.

13. Amendments; Waiver; Counterparts

No amendment to this Request shall be effective unless in writing and signed by the parties. Waiver of any provision shall not be deemed a waiver of any other provision. This Request may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

14. Signatories and Authority

Each signatory represents that he or she is fully authorized to execute this Request on behalf of the party identified and that execution of this Request is a binding obligation of the party.

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