MISSOULA (LN) — A federal judge in Montana on May 19 consolidated 216 civil cases involving BNSF Railway Company for filing purposes only, a procedural move limited to two specific pending motions.
The order in Barnes v. BNSF Railway Company et al. grants a stipulated motion to consolidate the lead case, Barnes v. BNSF Railway Company (CV-26-53-GF-BMM), with 215 other civil cases identified in an exhibit to the motion.
The consolidation applies specifically to the defendants’ motion for judgment on the pleadings regarding negligence and strict liability claims, and the plaintiffs’ motion to remand.
The court found good cause for the consolidation but explicitly limited its scope. The order states that the consolidation does not extend to trial or any other purpose not specifically stated in the motion.
"The parties shall file all documents pertaining to the 216 Libby Asbestos cases in CV-26-53-M-BMM and spread to the appropriate member cases, unless and until otherwise ordered," the order states.
Documents that do not apply to all 216 cases are to be filed only in the appropriate individual case.
The lead case, Barnes, is pending before the court. The consolidated docket number for filing purposes is CV-26-53-M-BMM.
The order does not address the merits of the underlying asbestos claims or the pending motions.