Johnson et al v. Bodenhausen et al

Filing 82

ORDER This matter is before the Court sua sponte. It is ORDERED that the following actions are consolidated for all urposes, and future filings in any of these actions shall contain the caption as set forth above and shall be docketed under Civil Act ion No. 10-cv-00341-WJM-KMT: 1) Civil Action No. 10-cv- 00341-WJM-KMT, and 2) Civil Action No. 11-cv-01580-WJM-BNB. It is FURTHER ORDERED that Magistrate Judge Kathleen M. Tafoya will be the sole referral Magistrate Judge in the consolidated action. by Judge William J. Martinez on 11/30/2011. (ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 10-cv-00341-WJM-KMT
KANE F. JOHNSON, a minor, by and through his parents and legal guardians, Kevin L.
Johnson and Cheryl L. Johnson;
KEVIN L. JOHNSON, individually; and
CHERYL L. JOHNSON, individually,
Plaintiffs,
v.
SETH BODENHAUSEN; and
VAIL SUMMIT RESORTS, INC., d/b/a BRECKENRIDGE SKI RESORT, INC.,
Defendants.
and
Civil Action No. 11-cv-01580-WJM-BNB
AUTO CLUB FAMILY INSURANCE COMPANY,
Plaintiff,
v.
SETH BODENHAUSEN;
KANE F. JOHNSON, a minor, by and through his parents and legal guardians, Kevin L.
Johnson and Cheryl L. Johnson;
KEVIN L. JOHNSON, individually; and
CHERYL L. JOHNSON, individually
Defendants.

ORDER OF CONSOLIDATION

This matter is before the Court sua sponte. In Civil Action No. 10-cv-00341WJM-KMT, the plaintiffs – Kane F. Johnson, Kevin L. Johnson, and Cheryl L. Johnson –
who are also defendants in Civil Action No. 11-cv-01580-WJM-BNB, have made
requests in both actions that the two actions be consolidated. (Civil Action No. 10-cv00341-WJM-KMT, ECF No. 75, at 3-4; Civil Action No. 11-cv-01580-WJM-BNB, ECF
No. 12, ¶¶ 70, 82.) Also, in Civil Action No. 11-cv-01580-WJM-BNB, Plaintiff Auto Club
Family Insurance Company filed a Notice of Related Case regarding Civil Action No. 10cv-00341-WJM-KMT. (No. 10-cv-00341, ECF No. 20.)
Pursuant to Fed. R. Civ. P. 42(a), this Court finds that the two actions involve
common questions of law or fact. Further, the Court finds that consolidation of these
two actions will avoid unnecessary costs and delays, and will promote judicial efficiency.
It is therefore ORDERED that the following actions are consolidated for all
purposes, and future filings in any of these actions shall contain the caption as set forth
above and shall be docketed under Civil Action No. 10-cv-00341-WJM-KMT:
1)
2)

Civil Action No. 10-cv-00341-WJM-KMT, and
Civil Action No. 11-cv-01580-WJM-BNB.

It is FURTHER ORDERED that Magistrate Judge Kathleen M. Tafoya will be the
sole referral Magistrate Judge in the consolidated action. As required by
D.C.COLO.LCivR 40.1A, Chief Judge Wiley Y. Daniel has approved this transfer of Civil
Action No. 11-cv-01580-WJM-BNB from Magistrate Judge Boyd N. Boland to Magistrate
Judge Tafoya.

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Dated this 30th day of November, 2011.

BY THE COURT:

William J. Martínez
United States District Judge

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