Worlds colliding, if the Davis defendants in 3M v. Boulter have their way. Today, they filed a motion to consolidate their appeal with the appeal filed by the Breitbart defendants in Sherrod v. Breitbart.
The Davis defendants assert that both appeals involve the question of whether the anti-SLAPP statute applies in federal court (the Erie issue) and, under the DC Circuit’s Handbook of Practice and Internal Procedures, should be consolidated as both “present ‘the same, similar, or related issues.’” The Davis defendants explain that the Sherrod and 3M panels will be required to decide the same issues.
The Davis defendants’ submission acknowledges that the plaintiff in Sherrod has filed a motion to dismiss the appeal, and notes that 3M will likely file a similar motion. It thus reasons that, “consolidation is not only permitted under the Court’s Internal Procedures, but would also provide the most efficient use of the Court’s resources.”