AXIS Specialty Europe SE v. BITCO General Insurance Corporation et al

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IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
AXIS SPECIALTY EUROPE SE,
Plaintiff,
-vs-
BITCO GENERAL INSURANCE
CORPORATION and GREENWICH
INSURANCE COMPANY,
Defendants.
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) Case No. CIV-25-819-SLP
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O R D E R
Before the Court is Plaintiff Axis Specialty Europe SE’s (“Plaintiff’s) Motion to
Consolidate [Doc. No. 13]. In its Motion, Plaintiff requests the consolidation of the
present matter, assigned to the undersigned, and BITCO General Insurance Corporation
v. BJ’s Oil Construction Inc., et al., Western District of Oklahoma case number CV-25-
405-G, assigned to United States District Judge Charles Goodwin.
“Rule 42(a)(2) [of the Federal Rules of Civil Procedure] gives a district court
discretionary authority to consolidate actions that involve a common question of law or
fact.” Seay v. Oklahoma Bd. Of Dentistry, No. CIV-20-915-D, 2021 WL 1341361, *1
(W.D. Okla. Apr. 9, 2021) (citing Shump v. Balka, 574 F.2d 1341, 1344 (10th Cir. 1978);
Gilette Motor Transp. v. N. Okla. Butane Co., 179 F.2d 711, 712 (10th Cir. 1950)). It
does appear that there are factual and legal issues that overlap between the two matters.
However, not all parties in the present matter have entered their respective appearances.1
1 Based upon representations made in its Motion, Plaintiff served Defendant Greenwich Insurance
Case 5:25-cv-00819-G Document 14 Filed 10/03/25 Page 1 of 2

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As such, the Court does not currently have enough information to make an informed
decision as to the appropriateness of consolidation.
IT IS THEREFORE ORDERED Plaintiff’s Motion to Consolidate [Doc. No. 13]
is DENIED as premature.
IT IS SO ORDERED this 3rd day of October, 2025.
Company with the Complaint [Doc. No. 1] on August 4, 2025 through the Oklahoma Department
of Insurance. [Doc No. 13 at *1].
Case 5:25-cv-00819-G Document 14 Filed 10/03/25 Page 2 of 2