Olymbec USA LLC v. Closed Loop Refining and Recovery, Inc., 2:19-cv-01041-EAS-EPD

Two related federal cases: Garrison Southfield Park LLC v. Closed Loop (17-CV-783) filed Sept. 5, 2017, and Olymbec USA LLC v. Closed Loop (19-CV-1041) filed Mar. 20, 2019; both seek declaratory relief, CERCLA cost recovery, and common-law damages for environmental contamination at warehouse properties.
The court formally related the cases on April 17, 2019.
Both plaintiffs moved to consolidate the actions for all purposes; the Kuusakoski defendants opposed full consolidation but did not oppose consolidation for fact discovery.
Defendants argued that factual differences between facilities, differing cleanup histories, and differing defendant relationships could prejudice expert discovery, dispositive motions, and trial fairness and allocation of CERCLA liability.
The court applied Federal Rule of Civil Procedure 42(a) and Sixth Circuit precedent regarding consolidation discretion and the objectives of expedition and economy.
Ruling: cases consolidated only for fact discovery; motions to consolidate beyond fact discovery (expert discovery, dispositive motions, trial) denied without prejudice pending completion of fact discovery.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether to consolidate the two related CERCLA cases for all purposes	Consolidation promotes efficiency and economy because cases raise common questions of law and fact	Full consolidation is premature and prejudicial due to significant factual differences among facilities, differing defendant relationships, and potential allocation issues under CERCLA; OK to consolidate for fact discovery only	Court granted consolidation limited to fact discovery; denied further consolidation (expert discovery, dispositive motions, trial) without prejudice pending fact discovery

Cantrell v. GAF Corp., 999 F.2d 1007 (6th Cir. 1993) (district courts have broad discretion to consolidate cases)
Advey v. Celotex Corp., 962 F.2d 1177 (6th Cir. 1992) (consolidation aims to administer court business with expedition and economy)