BTW, the cases have not been consolidated. If the case is transferred to NY (and I am certain it will be, but the TX judge has to sign the order first), it will almost certainly be assigned to Judge Holowell. Then it would be up to the judge to consolidate the cases, unless one of the parties has good reasons not to consolidate.
If the original NY case is not settled, Neomedia might not want a consolidation, as getting its case against Scanbuy to a final judgment as soon as possible would be in Neomedia's interest. Consolidation would slow that down.
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