Frank Baxter General Contractor, Inc. v. Spraddle Creek Automative Real Estate, LLC et al

Filing 49

ORDER granting 28 Motion to Consolidate Cases, 08-cv-02154 is consolidated with this case Pursuant to Fed. R. Civ. P. 42(a), the Court finds that the above-captioned actions involve common questions of law or fact, including common parties and common claims before this Court. by Judge Christine M. Arguello on 3/4/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 08­cv­02153­CMA-KMT FRANK BAXTER GENERAL CONTRACTOR, INC., Plaintiff, v. SPRADDLE CREEK AUTOMOTIVE REAL ESTATE, LLC., a Colorado limited liability company, Defendant. Civil Action No. 08-cv-02154-RPM FRANK BAXTER GENERAL CONTRACTOR, INC., Plaintiff, v. GLENWOOD SPRINGS AUTOMOTIVE REAL ESTATE, LLC, GMAC BANK CORP., and PUBLIC TRUSTEE OF GARFIELD COUNTY, Defendants. ORDER TO CONSOLIDATE This matter is before the Court on Defendant's Unopposed Motion To Consolidate (Doc. # 28) and subsequent Request for Ruling on Unopposed Motion for Consolidation (Doc. # 42). Defendant seeks to consolidate the above two cases.

Pursuant to Fed. R. Civ. P. 42(a), the Court finds that the above-captioned actions involve common questions of law or fact, including common parties and common claims before this Court. FURTHER, the Court finds that consolidation of these two cases will avoid unnecessary costs and delays. FURTHER, Judge Matsch has been consulted and does not oppose the consolidation of these cases. Therefore, it is ORDERED that the two actions are consolidated. DATED: March 3 , 2009 BY THE COURT:

________________________________ Christine M. Arguello United States District Judge

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