Thomas et al v. Burg et al

Filing 51

ORDER of Consolidation This matter comes before the Court on the Plaintiffs Notice of a Related Case filed August 23, 2010 ECF No. 2 in 10-cv-02031-WJM- CBS). Pursuant to Fed. R. Civ. P. 42(a) and D.C.COLO.LCivR 7.5E, this Court finds that both actio ns listed below 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. As required by D.C.COLO.LC ivR 40.1A approval from Chief Judge Wiley Y. Daniel has been granted. 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 the case number 10-cv-01108-WJM-CBS: It is FURTHER ORDERED that Magistrate Judge Craig B. Shaffer will be the sole referral Magistrate Judge in the consolidated action. by Judge William J. Martinez on 6/30/2011. (erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 10-cv-01108-WJM-MJW
BENTLEY L. THOMAS,
JOHN N. LAWSON,
BARBARA A. LAWSON,
AILEEN J. SERBENIUK, Trustee of the Frank Peter Serbeniuk Trust, and
Plaintiffs
v.
JAMES PETER “JIM” BURG a/k/a JIM BURG and
SUZANNE M. CARDIN BURG a/k/a SUZANNE M. CARDEN, individually and d/b/a
BLUE MOON RANCH, L.L.C., d/b/a
SUPERIOR DISCOUNT COINS, L.L.C., and
d/b/a/ AGAPE ENDEAVORS, L.L.C.;
S. CARDIN & ASSOCIATES, L.L.C.;
GOLD RUN INVESTMENTS; and
DAVID L. HELLIER and
JAYNE B. HELLIER, Individually and d/b/a
SUPERIOR DISCOUNT COINS
Defendants

and
Civil Action No. 10-cv-02031-WJM-CBS
GAIL BROOKS,
VICTOR F. VAICIUS,
RONALD N. ULRICH,
MARJORIE L. ULRICH,
MICHAEL PRIDHAM,
CAMILLA PRIDHAM,
Plaintiffs
v.
JAMES PETER “JIM” BURG, Individually
and d/b/a BLUE MOON RANCH, L.L.C,

and d/b/a SUPERIOR DISCOUNT COINS a/k/a SUPERIOR DISCOUNT COINS, L.L.C.
and d/b/a AGAPE ENDEAVORS, L.L.C.,
and d/b/a YOUR COIN BROKER a/k/a/ YCB a/k/a YBC
and d/b/a GOLD RUN INVESTMENTS
and d/b/a S. CARDIN & ASSOCIATES, L.L.C.;
SUZANNE M. CARDIN BURG a/k/a SUZANNE M. CARDEN, Individually,
and d/b/a BLUE MOON RANCH, L.L.C.
and d/b/a SUPERIOR DISCOUNT COINS a/k/a SUPERIOR DISCOUNT COINS, L.L.C.
and d/b/a AGAPE ENDEAVORS, L.L.C.
and d/b/a YOUR COIN BROKER a/k/a YCB a/k/a YBC
and d/b/a GOLD RUN INVESTMENTS
and d/b/a S. CARDIN & ASSOCIATES, L.L.C.;
S. CARDIN & ASSOCIATES, L.L.C.;
GOLD RUN INVESTMENTS;
BLUE MOON RANCH, L.L.C. d/b/a SUPERIOR DISCOUNT COINS, L.L.C.;
SUPERIOR DISCOUNT COINS, L.L.C.; and
AGAPE ENDEAVORS, L.L.C.
Defendants.

ORDER OF CONSOLIDATION

This matter comes before the Court on the Plaintiff’s Notice of a Related Case
filed August 23, 2010 (ECF No. 2 in 10-cv-02031-WJM-CBS). Pursuant to Fed. R. Civ.
P. 42(a) and D.C.COLO.LCivR 7.5E, this Court finds that both actions listed below
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. As required by D.C.COLO.LCivR 40.1A
approval from Chief Judge Wiley Y. Daniel has been granted.
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 the case number10-cv-01108-WJM-CBS:

1)
2)

10-cv-01108-WJM-MJW and
10-cv-02031-WJM-CBS

It is FURTHER ORDERED that Magistrate Judge Craig B. Shaffer will be the sole
referral Magistrate Judge in the consolidated action.

Dated this 30th day of June, 2011.
BY THE COURT:

_______________________
William J. Martínez
United States District Judge