Frontline Dealer Marketing, Inc. v. McNellis et al

Filing 10

ORDER Denying 9 Motion to Consolidate Cases. Denied without prejudice to proper re-filing. Signed by Judge Edward W. Nottingham on 4/18/07.(pap, )

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Frontline Dealer Marketing, Inc. v. McNellis et al Doc. 10 Case 1:07-cv-00710-CBS-MEH Document 10 Filed 04/18/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Edward W. Nottingham Civil Action No. 07 v 0710 WN EH c0 E M FRONTLINE DEALER MARKETING, INC., a Washington corporation, Plaintiff, v. DANIEL J. MCNELLIS, and his marital community, DAVID J. MATHEWS, and his marital community, and UNITED CAR CARE, INC., Defendants. ORDER This matter is before the court on a motion to consolidate this case with an earlier one which is assigned to Judge Blackburn. Local rule 42.1 provides: A motion to consolidate shall be decided by the district judge to whom the oldest numbered case involved in the proposed consolidation is assigned for trial. Rulings on motions to consolidate shall be given priority. Cases consolidated shall be assigned for all further purposes to the judicial officer to whom the lowest numbered consolidated case previously was assigned for trial. Implicit in this rule is the proposition that a motion to consolidate will be filed in the case with the lowest number, so that the district judge assigned to the case can review and rule on it. That has not been done, meaning that the motion has not been brought to the attention of the judge who must rule on it. The motion is therefore DENIED without prejudice to proper re-filing. Case 1:07-cv-00710-CBS-MEH Document 10 Filed 04/18/2007 Page 2 of 2 SO ORDERED. Dated this 18th day of April, 2007. BY THE COURT: s/ Edward W. Nottingham EDWARD W. NOTTINGHAM United States District Judge -2-

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