Filed: Jul. 03, 2013
Latest Update: Jul. 03, 2013
Summary: ORDER GRANTING UNOPPOSED MOTION TO CONSOLIDATE CASES CHRISTINE M. ARGUELLO, District Judge. This matter is before the Court on Plaintiff's Unopposed Motion to Consolidated Cases (Doc. #18). The determination whether to consolidate cases is governed by Rule 42(a) of the Federal Rules of Civil Procedure, which provides, pertinently: When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in t
Summary: ORDER GRANTING UNOPPOSED MOTION TO CONSOLIDATE CASES CHRISTINE M. ARGUELLO, District Judge. This matter is before the Court on Plaintiff's Unopposed Motion to Consolidated Cases (Doc. #18). The determination whether to consolidate cases is governed by Rule 42(a) of the Federal Rules of Civil Procedure, which provides, pertinently: When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in th..
More
ORDER GRANTING UNOPPOSED MOTION TO CONSOLIDATE CASES
CHRISTINE M. ARGUELLO, District Judge.
This matter is before the Court on Plaintiff's Unopposed Motion to Consolidated Cases (Doc. #18).
The determination whether to consolidate cases is governed by Rule 42(a) of the Federal Rules of Civil Procedure, which provides, pertinently:
When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.
Fed. R. Civ. P. 42(a).1 This rule allows the court "to decide how cases on its docket are to be tried so that the business of the court may be dispatched with expedition and economy while providing justice to the parties." Breaux v. American Family Mutual Insurance Co., 220 F.R.D. 366, 367 (D. Colo. 2004) (quoting 9 C. WRIGHT & A. MILLER, FEDERAL PRACTICE AND PROCEDURE § 2381 at 427 (2nd ed. 1995)). The decision whether to consolidate cases is committed to my sound discretion. Shump v. Balka, 574 F.2d 1341, 1344 (10th Cir. 1978).
It is clear that common questions of law and fact predominate in these two cases such that consolidation will be appropriate and efficacious.
THEREFORE, IT IS ORDERED as follows:
1. That Plaintiff's Unopposed Motion To Consolidate (Doc. #18) filed June 14, 2013, is GRANTED;
2. That pursuant to D.C.COLO.LCivR 42.1, Civil Action No. 13-cv-01133-PAB-KMT is REASSIGNED to Judge Christine M. Arguello and Magistrate Judge Kristen L. Mix, and shall bear Civil Action No. 13-cv-01133-CMA-KLM;
3. That pursuant to Fed. R. Civ. P. 42(a)(2) and D.C.COLO.LCivR 42.1, Civil Action No. 13-cv-01131-CMA-KLM is CONSOLIDATED with Civil Action No. 13-cv-01133-CMA-KLM for all purposes;
4. That all future filings in these consolidated actions shall be captioned as set forth above.
