Free Motion to Consolidate Cases - District Court of Federal Claims - federal

Case 1:08-cv-00324-CCM

Document 10

Filed 06/14/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

TERRY AND DIANE WINDER et al., Plaintiff,

v.

UNITED STATES OF AMERICA, Defendant.

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Case No. 08 ­ 324 L Hon. Christine O.C. Miller

PLAINTIFFS' MOTION TO CONSOLIDATE AND MEMORANDUM IN SUPPORT Come Now, the Plaintiffs, by and through their counsel of record, R. Deryl Edwards, Jr., and, pursuant to RCFC 42(a), RCFC 42.1 and the Court's Order of May 15, 2008 (Doc. # 6) herewith move for an Order of this Honorable Court to consolidate the captioned case with a case styled, Stan and Rebecca Beecham v. U.S., which was filed on or about June 16, 2008 in the Federal Court of Claims for the following reasons: 1. The captioned case involves Tucker Act cases filed against the United States

arising out of the issuance of a Notice of Interim Trail Use (NITU) on June 21, 2002 by the Surface Transportation Board, brought by Plaintiffs for Fifth Amendment "takings" of property in a 100 foot former railroad right-of-way along a 15.93 mile span of former track operated by the Burlington Northern Santa Fe Railway in Jasper County, Missouri. 2. The aforementioned Beecham case is similar with the captioned case both

factually and legally as the case involves the same 15.93 mile span of abandoned railbed in Jasper County, Missouri and the claims for relief are virtually identical in the two cases.

Case 1:08-cv-00324-CCM

Document 10

Filed 06/14/2008

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3.

Plaintiffs respectfully submit that assignment to Judge Miller of the captioned

action and consolidation of the captioned case with the aforementioned Beecham case is likely to conserve judicial resources and promote an efficient determination of the actions which arise out of similar claims. Judge Miller has previously issued a Stay Order in the Winder case (Doc. # 6) until July 3, 2008 anticipating this and perhaps other filings prior to that time which would be appropriate for consolidation. WHEREFORE, the Plaintiffs request the Court issue an Order consolidating the captioned case with the Beecham v. U.S. case filed on or about June 16, 2008 for the reasons set forth herein and for such other and further reasons as this Court deems just and equitable. Respectfully Submitted,

_______s/__________________________ LAW OFFICES OF R. DERYL EDWARDS R. Deryl Edwards MO# 48277 606 S. Pearl Joplin, MO 64801-2582 (417) 624-1962 (417) 624-1965 [email protected] ATTORNEY FOR THE PLAINTIFFS

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Case 1:08-cv-00324-CCM

Document 10

Filed 06/14/2008

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CERTIFICATE OF SERVICE The Plaintiffs, by and through their counsel, R. Deryl Edwards, Jr., herewith certify that they transmitted the foregoing Motion to Consolidate by facsimile and by U.S. Mail, postage prepaid, this 14th day of June, 2008 to the following: Mark Barron, Esq. United States Dept. of Justice Environment & Natural Resources Natural Resources Section P.O. Box 663 Ben Franklin Station Washington, D.C. 20044-0663 Attorney for the United States of America

________s/_________________________ R. Deryl Edwards, Jr.

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