In Re: Tronox Incorporated

Background

The Garretson Resolution Group, Inc., doing business as Epiq Mass Tort and serving as trustee of The Tronox Incorporated Tort Claims Trust, asked the court to consolidate thirteen related bankruptcy appeals. The Trust also stated that it would file one motion seeking dismissal of some appeals because the appellants had not filed timely notices of appeal. For any appeals remaining after that motion, the Trust proposed briefing deadlines based on Bankruptcy Rule 8018.

Court’s analysis

Federal Rule of Civil Procedure 42(a) permits consolidation when actions involve a common question of law or fact. The court noted that consolidation may promote judicial economy and reduce the risk of inconsistent results, and that district courts have broad discretion to consolidate cases. Because the appeals had already been consolidated in the Bankruptcy Court and involved common questions of law and fact, the court found that consolidation served judicial economy.

Ruling

The court granted the Trust’s request to consolidate the thirteen appeals. It also granted the Trust’s request to move to dismiss some appeals for failure to file a timely notice of appeal. The Trust’s moving brief was due September 13, 2022; appellants’ opposition briefs were due September 30, 2022; and any reply was due October 14, 2022. The Trust was directed to serve its motion papers on appellants by mail.

The Clerk was directed to consolidate the twelve appeals identified by the court with and into the earliest-filed appeal, Turner v. Tronox Incorporated, No. 21 Civ. 7785 (JPC). The legible portion of the opinion lists appeals by Perrins, Davis, Saddler, Williams, Porter, and Lash. The Clerk was also directed to mail a copy of the order to appellants representing themselves and note service on the docket. The order did not dismiss any appeal.