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Univac Dental Co. v. Dentsply International

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 14, 2008

UNIVAC DENTAL COMPANY, PLAINTIFF
v.
DENTSPLY INTERNATIONAL, INC., DEFENDANT
LACTONA CORPORATION, PLAINTIFF
v.
DENTSPLY INTERNATIONAL, INC., DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 14th day of January, 2008, upon consideration of defendant's motions to consolidate the above-captioned matters (Civil Action No. 1:07-CV-0493, Doc. 30; Civil Action No. 1:07-CV-0774, Doc. 25), and of defendant's counterclaim in interpleader asserted against Univac Dental Company ("Univac") and cross-claim in interpleader against Lactona Corporation ("Lactona") (Civil Action No. 1:07-CV- 0493, Doc. 25), filed in the case captioned Univac Dental Company v. Dentsply International, Inc., and it appearing that the above-captioned actions involve the same defendant, arise from the same underlying events and involve common questions of fact and law,*fn1 see FED. R. CIV. P. 42(a), and that Univac concedes that the cases should at a minimum be consolidated for discovery purposes due to the similarity of the claims presented, (see Civil Action No. 1:07-CV-0493, Doc. 41 at 2), and it further appearing that after consolidation Univac and Lactona will be co- plaintiffs, and that Univac has not heretofore asserted any claim against Lactona, and that therefore the cross-claim between Dentsply International, Inc. ("Dentsply") and Lactona is properly styled a counterclaim, it is hereby ORDERED that:

1. The motions to consolidate (Civil Action No. 1:07-CV-0493, Doc. 30; Civil Action No. 1:07-CV-0774, Doc. 25) are GRANTED.

a. The above-captioned cases are CONSOLIDATED for all purposes.

b. The Clerk of Court is directed to CONSOLIDATE the case docketed as Civil Action No. 1:07-CV-0774 into the case docketed as Civil Action No. 1:07-CV-0493 and to CLOSE the case docketed as Civil Action No. 1:07-CV-0774.

2. All future documents filed in this consolidated case shall be filed under the case docketed as Civil Action No. 1:07-CV-0493.

3. Defendant's counterclaim and cross-claim in the nature of interpleader (Civil Action No. 1:07-CV-0493, Doc. 25) is CONSTRUED as a counterclaim in the nature of interpleader filed by counterclaim plaintiff Dentsply against Univac and Lactona as counterclaim defendants. The clerk of court is directed to AMEND the docket annotation of the counterclaim to read: "Counterclaim in Interpleader against Univac Dental Company and Lactona Corporation." Univac is instructed to respond to the counterclaim, on or before April 7, 2008, in accordance with Rule 12 of the Federal Rules of Civil Procedure.

CHRISTOPHER C. CONNER United States District Judge


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