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Copyright | Ohio Northern
Order
Order: [non-document] Currently pending before this court are Plaintiff Pain Management Technologies, Inc.'s ("Plaintiff") First Amended Complaint (Doc. No. 15) in Case No. 1:25-cv-00796 ("First Lawsuit") and Complaint (Doc. No. 1) in Case No. 5:26-cv-01360 ("Second Lawsuit") against Defendants Protocol Solutions LLC, Branson Healing Arts, and Nerve Reviver (collectively "Defendants"). In its response to this Court's order to show cause as to why these actions should not be consolidated, see (First Lawsuit, Doc. No. 24) and (Second Lawsuit, Doc. No. 6), Plaintiff indicated that it assents to consolidation of these cases, see (First Lawsuit, Doc. No. 26). However, in its response, Defendant Protocol Solutions LLC represents that while it believes that consolidation is appropriate, it requests that this Court issue an order "[c]onsolidating [the First and Second Lawsuits] for purposes of pretrial administration and discovery coordination"; "[p]ermitting the pending Motion to Dismiss in [the First Lawsuit] to proceed to decision on the existing briefing without modification or supplementation by reason of consolidation"; "[d]eferring consolidation of pleadings, claims, and dispositive motion practice pending (a) the Court's ruling on the pending Motion to Dismiss; (b) Protocol's response, if any, to the operative complaint in the later-filed action; and (c) appearance or proper joinder of all named defendants in [the Second Lawsuit]"; and "[s]etting a status conference following the Court's ruling on the Motion to Dismiss to address the appropriate scope of further consolidation." (Doc. No. 27, PageID#s 351-52.) After reviewing the responses to the Court's order to show cause, this Court declines to consolidate these two cases at this time but will reconsider consolidating the cases after it rules on Defendants' Motion to Dismiss in Case No. 1:25-cv-00796. Judge Pamela A. Barker on 7/6/2026. (P,K)
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