Gabriel v. OneWest Bank, FSB
4:11-cv-03356
S.D. Tex.Apr 5, 2012Background
- Two federal cases against OneWest Bank arise from alleged wrongful foreclosure on the same property.
- Common plaintiff Floyd J. Gabriel and common defendant OneWest Bank appear in both actions.
- Cases were removed from state court and consolidated due to common issues of fact and law.
- Court analyzes consolidation under Rule 42(a) factors, citing precedent emphasizing efficiency and caution against prejudice.
- Court finds consolidation appropriate, orders that the actions proceed under H-11-3356, and directs representation issues to be resolved by deadlines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consolidation is appropriate under Rule 42(a). | Not stated. | OneWest urged consolidation. | Yes; consolidation granted. |
| Impact of consolidation on case management and scheduling. | Not stated. | Consolidation will conserve resources and reduce delay. | Consolidation approved with standards to proceed under H-11-3356. |
| Representation status and filing obligations after consolidation. | Gabriel to determine representation for both actions. | Rush may represent Gabriel in both actions if interested. | Court requires Rush to declare representation and file responses within set deadlines. |
Key Cases Cited
- Mills v. Beech Aircraft Corp., 886 F.2d 758 (5th Cir. 1989) (factors for consolidation; discretion of court in consolidation decisions)
- In re Enron Corp. Sec., Derivative & ERISA Litig., 2007 WL 446051 (S.D. Tex. 2007) (consolidation may proceed where cases overlap; efficiency considerations)
- In re Air Crash Disaster at Florida Everglades on Dec. 19, 1972 v. Eastern Air Lines, Inc., 549 F.2d 1006 (5th Cir. 1977) (precedent on consolidation may take precedence over counsel wishes)