MEMORANDUM OPINION AND ORDER - Pro-Built moves to dismiss this action or, alternatively, to consolidate this action with Pro-Built's federal case against Delta Oil and stay the declaratory judgment action. 43 . The court DENIES Pro-Built's motion to dismiss or, alternatively, to consolidate and stay this action. Signed by Judge Annemarie Carney Axon on 1/26/2023. (KAM) (Entered: 01/26/2023)

Pro-Built asked the court to dismiss the current lawsuit or, in the alternative, to consolidate it with another federal case it filed against Delta Oil. Pro-Built also sought to stay the declaratory judgment action pending in this case. Judge Annemarie Carney Axon rejected those requests in a memorandum opinion and order issued on January 26, 2023.

The court’s denial means both cases will proceed separately for now. The ruling leaves the declaratory judgment action active and moving forward in its current forum. The court did not provide detailed reasoning in the publicly available order, but the denial signals that the judge found no basis to halt or merge the proceedings at this stage.

The case remains open under Judge Axon’s supervision. The docket number and court are not publicly known, but the litigation involves Pro-Built and Delta Oil as key parties. The dispute centers on overlapping claims that Pro-Built wants resolved in one federal case, but the court has declined to consolidate.

The next phase will likely involve further briefing or motions as the parties continue to litigate the underlying issues separately.