Fill and Sign the Motion Consolidate Form

IN THE CIRCUIT COURT OF __________ COUNTY, ALABAMA _________________ * * Plaintif, * * VS. * CIVIL ACTION NO.: * _________________ * CV-_______________ * Defendant. * MOTION TO TRANSFER AND CONSOLIDATE CASES FOR ALL PURPOSES __________________________________________ Company (“______________”) respectfully moves this Court, pursuant to Ala.R.Civ.P.. 42(a), to transfer and to consolidate the following cases (the "Lawsuits") for all purposes with the above- styled action: [List all cases to be consolidated] 1 In support of this motion, ___________________ states the following: 1. The above-styled action and the Lawsuits have all been fled and are now pending in the ______________ Court of ___________ County, Alabama and arise out of the same subject matter, to-wit, plaintifss allegations of tortuous conduct arising out of the sale and/or servicing of life insurance policies issued by American General. 1 In fling this motion, ___________ does not waive, and specifcally retains, its right to arbitrate under any applicable arbitration agreement. 2. All of these actions undeniably involve common questions of law and fact. Each action is based upon allegations of willful, reckless, and mistaken fraudulent representation and suppression and conspiracy arising out of the sale and/or servicing of life insurance policies by ____________________________. All cases involve the same Plaintifss counsel. Many of the claims are identical such as the following "suppression" claims: "The [year] policy was a feeible [universal] life policy not whole life or whole life type (permanent type), which did not have level, permanent premiums and death beneftss" ssThe feeible [universal] life policy sold by [agent] was not a form of permanent life insurance, but was actually a form of term life insurances" "The cost of insurance over the years was and is increasings” ssThe Plaintif would . . have to deposit much more money into this policy than the premiums he/she was told he/she could pay per month, or the policy would lapse”s “This policy would eventually lapse if additional and higher premiums were not paid by Plaintifs" 3. This action is the oldest case of the actions to be consolidated. 2 A consolidation of these Lawsuits with the above-styled action will avoid unnecessary duplication of discovery costss eepenses, and efort by the parties, the lawyers, and the Court. 4. All of the plaintifs in each Lawsuit is represented by the same counsel,__________________________. _______________________________ (insurance 2 The Thirteenth Judicial Circuitss Administrative Policy on Case Consolidation states that a motion to consolidate cases for all purposes shall be decided by the judge "on whose docket is pending the oldest case proposed for consolidation." company) is represented by ___________________________________ in all of the lawsuits. The agent defendants in all of the lawsuits to be consolidated with the present action are represented by the same counsel, _____________________________. 5. In light of the similarity of the claims and the undeniable common question of law and Act, a transfer and consolidation of the Lawsuits with the above-styled action would be in the best interests of judicial economy. 6. Rule 42(a) of the Alabama Rules of Civil Procedure grants the trial court discretion to consolidate actions involving common questions of law and fact. See Rule 42(a)s see also Owens-Corning Fiberglass Corp. v. James, 646 So. 2d 669, 674 (Ala. 1994) (Rule 42(a) “specifcally recognizes the propriety of consolidation, as well as a trial courtss discretion to order consolidation as necessary to reduce costs or delay.”). In addition, the trial court may make orders as may tend to avoid unnecessary costs or delay involved in litigation. See Rule 42(a). The purpose of the rules of civil procedure is to promote the efcient functioning of judicial administration and to secure the “just, speedy, and ineepensive” resolution of disputes. See Ala.R.Civ.P. 1. 7. Consolidation of these action is proper in light of the common questions of law and fact Ala.R.Civ.P. 42(a)s League v. Motes, 330 So. 2d 434, 437 (Ala. 1976) ("Consolidation of cases does not require mutuality of parties but mutuality, in some degree, of issues and law. The instant case is a classic eeample of proper consolidation. Though the parties are diferent, the claims for relief arise from the same occurrence and involve the same issues . . . ")s see also Owens- Corning, 646 So. 2d at 669 (ordering consolidation of three separate lawsuits brought by three plaintifs against the same defendant where common issues of law and fact were presented). 8. Attached hereto is an order from this Court granting a similar motion made by a life insurance defendant in another case, Walter H. Rice III v. Metropolitan Life Ins. Co., In the Circuit Court of Mobile County, CV 96-1371. See Order, attached hereto as "Eehibit A." That case similarly involved multiple cases fled against the same insurance company with all plaintifs represented by the same counsel. This Court granted the life insurance defendantss motion and consolidated those cases for discovery and pretrial purposes. 9. _____________________ is contemporaneously fling a notice of fling motion for transfer and consolidation in each of the Lawsuits. 10. Consolidation of the Lawsuits with this action will not result in prejudice to any plaintif or defendant. Consolidation will be for all purposes. Following dispositive motions, the Court can determine at a later date whether the cases will be tried together or separately. 11. Co-defendant ____________________ consents to this motion 12. The co-defendants in the cases to be consolidated with this case consent to this motion. WHEREFORE, _____________________ respectfully requests this Court to grant this motion and consolidate the Lawsuits with this action. _________________________________________ OF COUNSEL: ________________________ CERTIFICATE OF SERVICE I certify that I have on this _____ day of __________, ________, served a copy of the foregoing by mailing same by U. S. Mail, frst class postage prepaid and properly addressed, to the following: (List counsel for all parties) _________________________________________ _____________________________________________ IN THE CIRCUIT COURT OF __________ COUNTY, ALABAMA _________________ * * Plaintif, * * VS. * CIVIL ACTION NO.: * _________________ * CV-_______________ * Defendant. * ORDER This matter came before the Court upon ______________________________________ Companyss Motion to Transfer and Consolidate the cases listed hereinbelow for discovery and other pre-trial purposes. The Court, having read the briefs of the parties and having considered the arguments of counsel in open court, fnds that transfer and consolidation of these cases for discovery and other pre-trial purposes is desirable to promote judicial economy, eepedite litigation and save time and money. Accordingly, it is ORDERED, ADJUDGED and DECREED that the following cases shall be transferred and consolidated into this action before this Court for discovery and other pre-trial purposes: [Here List Styles of all Cases to be Consolidated Including Civil Action Numbers] IT IS FURTHER ORDERED that when parties submit motions or other flings pertaining to any of these cases, the document shall bear the instruction ssTO BE H:\usforms\forms_working\Donna Black - Alabama\Disk 3\AL - 1117A.doc DECIDED BY JUDGE _____________” in bold-face and all-capital type beneath the civil action number in the caption. DONE this _______ day of _________________, 2000. _____________________________________________ CIRCUIT JUDGE H:\usforms\forms_working\Donna Black - Alabama\Disk 3\AL - 1117A.doc