Savannah Capital, LLC v. Martino

Middle District of Florida, flmd-8:2016-cv-02105

ORDER granting {{2}} Motion to Consolidate Cases. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 9/7/2016. (DRW)

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PageID 28 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IN RE: THOMAS SALVADOR MARTINO, Debtor, ______________________________/ SAVANNAH CAPITAL, LLC, Appellant, v. Case No. 8:16-cv-2105-T-33 Bankr. No. 8:14-bk-13452-KRM Adversary 8:15-ap-418-KRM THOMAS SALVADOR MARTINO, Appellee. ______________________________/ ORDER This cause comes before the Court pursuant to Appellee Thomas Salvador Martino's Motion to Consolidate Appeals (Doc. # 2), filed on August 12, 2016. Appellant Savannah Capital, LLC filed its response on August 19, 2016, which indicates that Savannah Capital does not object to the Motion. (Doc. # 3). Upon due consideration, the Court determines this appeal, Case No. 16-cv-2105 (the "Appeal"), and the second-filed appeal, Case No. 16-cv-2151 (the "Second-Filed Appeal"), involve common questions of law and fact such that consolidation is appropriate pursuant to Federal Rule of PageID 29 Civil Procedure 42(a)(2). By separate order, the Court will direct the Clerk of Court to administratively close the Second-Filed Appeal. Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Appellee Thomas Salvador Martino's Motion to Consolidate Appeals (Doc. # 2) is GRANTED. (2) The Clerk of Court is directed to CONSOLIDATE the Appeal and Second-Filed Appeal. (3) The parties are directed to make all future filings in the Appeal. To the extent that the parties wish for the Court to consider any materials filed in the Second- Filed Appeal, the parties are directed to re-file any such materials in the Appeal. DONE and ORDERED in Chambers in Tampa, Florida, this 7th day of September, 2016. 2