MacAlister v. Guterma

CASHIN, District Judge.

This is a motion pursuant to Rule 42 (a) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to consolidate three stockholder derivative suits. The motion is brought by the corporation and seconded by two of the three sets of plaintiffs. One set of plaintiffs, the MacAlister group, vigorously opposes the motion. What is sought is not merely a consolidation for the purposes of trial but a consolidation for all purposes. To this end, the order sought would also appoint a general counsel to oversee the prosecution of the suit, direct the filing of a consolidated…