Take Big Steps LLC v. It's All Happening LLC

Background

The opinion is a short order addressing a request to consolidate two related lawsuits. The first-filed case, No. 1:23-cv-03664, was filed on April 21, 2023, by Take Big Steps LLC. An amended complaint was filed on May 14, 2023, and served on It’s All Happening LLC on May 19, 2023.

The second case, No. 1:23-cv-04620, was filed on June 1, 2023, by It’s All Happening LLC against Laura E. Cowan and Take Big Steps LLC. The request stated that the cases involved common issues concerning interpretation of a contract between It’s All Happening LLC, doing business as New Law Business Model, and Laura E. Cowan, as well as alleged infringement of It’s All Happening’s proprietary rights and intellectual property. The request also stated that the second case largely presented It’s All Happening’s claims against Take Big Steps and added Cowan as a party. According to the request, It’s All Happening had consented to consolidation.

Legal Standard

Federal Rule of Civil Procedure 42(a) permits a court to consolidate actions that involve a common question of law or fact, or to issue another order that avoids unnecessary cost or delay. The request cited authority stating that district courts have broad discretion to consolidate related actions to promote efficient administration and avoid repetition and confusion.

Ruling

The court granted the request. The requested arrangement was to consolidate the actions under No. 1:23-cv-03664 and require future filings for either action to be made in that case. The request also proposed that the second complaint could be refiled or redocketed in the first action, that the Clerk could administratively close No. 1:23-cv-04620, and that the first case could receive a new caption. The order itself states only: “Request GRANTED. SO ORDERED.” It does not separately confirm which of those proposed administrative steps had been completed.