1. Whether a random mailing of a check (unconditional tender) that is not linked to a rule 68 offer a judgment rob a plaintiff of his article III standing effectively mooting the case.

2. Whether a 12(b)(1) lack of jurisdiction dismissal can be with prejudice.

3. Whether the district court can consolidate two cases with different claims, facts and at least one different parly.

4. Whether a court lacks subject matter jurisdiction when two unlike cases are filed in the same complaint.

Whether a random mailing of a check (unconditional tender) that is not linked to a Rule 68 offer can rob a plaintiff of Article III standing effectively mooting the case