Wightman et al v. USA et al

Filing 7

ORDER 5 Defendant's motion to transfer is denied without prejudice. Signed by Judge Walker D. Miller on 1/13/09. (gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Walker D. Miller Civil Action No. 08-cv-02437-WDM-MJW

JEAN MASON WIGHTMAN, individually and as surviving spouse of JEFFREY STUART WIGHTMAN, deceased, Plaintiff(s), v. THE UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Defendant(s). ___________________________________________________________________ ORDER ___________________________________________________________________ This matter is before me on the Defendant's "Notice of Associated Cases and Unopposed Motion to Transfer." Referring to this court's local rule requiring notice of a related case (D.C.COLO.LCivR 7.5) and a rule of unknown source ("LcivR40.5(c)(2)"), Defendant seeks an order transferring or reassigning this case to my colleague, The Honorable Robert E. Blackburn, who was assigned the pending case, Case No. 07-cv-00968-REB-CBS, claimed to be related. Although sympathetic to the need for a so-called related case rule, this court's

local rules contemplate that to achieve its goal the Defendant should file a motion to consolidate in the oldest case pending before Judge Blackburn. See D.C.COLO.LCivR 40.1C.4. Accordingly, Defendant's motion is denied without prejudice. DATED at Denver, Colorado, on January 13, 2009. BY THE COURT:

s/ Walker D. Miller United States Senior District Judge

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