LanzaTech Global, Inc. v. Vellar Opportunity Fund SPV LLC - Series 10

Background

LanzaTech Global, Inc. filed a state-court action against Vellar Opportunity Fund SPV LLC - Series 10 on July 24, 2024. The action asserted breach of contract and related claims arising from a Forward Purchase Agreement between the parties. Vellar removed that action to the Southern District of New York on August 23, 2024.

On October 23, 2024, Vellar filed a separate action against LanzaTech in the same federal court, alleging that LanzaTech breached the same agreement.

Ruling

The parties jointly sought consolidation under Federal Rule of Civil Procedure 42(a), which allows related cases to be combined for coordinated handling. The court granted the joint motions and consolidated the two actions for all purposes into one action under case number 24-CV-6362, using the caption LanzaTech Global, Inc. v. Vellar Opportunity Fund SPV LLC - Series 10.

The court directed that filings in the member cases be made in the lead case and ordered the Clerk of Court to close the second-filed case, 24-CV-8061, for administrative purposes. The order also stated that the consolidated cases retain their separate identities and that the consolidation does not affect the parties’ rights in either case.

Administrative Numbering Issue

The order identifies 24-CV-6362 as the consolidated lead case but later states that filings should be made in lead case 24-CV-6562. The opinion does not explain this difference.