CGC Holding Company, LLC et al v. Hutchens et al
Filing
438
USCA ORDER on 5/3/13 re: 419 Letter, 418 Letter, 437 Letter filed by H. Jan Luistermans. The court consolidates the three proceedings. (13-702, 13-703, 13-705) (lswsl )
Appellate Case: 13-702
Document: 01019047521
Date Filed: 05/03/2013
UNITED STATES COURT OF APPEALS
E
EALS
FOR THE TENTH CIRCUIT
_________________________________
_
___
RONALD GACHE, et al.,
Page: 1
FILED
United States Court of Appeals
Tenth Circuit
May 3, 2013
Elisabeth A. Shumaker
Clerk of Court
Petitioners,
No. 13-702, 10-703, and 13-705
(D.C. No. 1:11-CV-01012-RBJ-KLM)
v.
CGC HOLDING COMPANY, LLC, a
Colorado limited liability company, et al.,
Respondents.
_________________________________
ORDER
_________________________________
Case Nos. 13-702, 13-703, and 13-705 all arise from the same district court
proceeding in which the district court certified a plaintiff class action. The petitioners in
No. 13-702 are defendants Ronald Gache, Broad & Cassel, and Carl Romano. The
petitioner in No. 13-703 is defendant Alvin Meisels. The petitioners in No. 13-705 are
H. Jan Luistermans and the defendants collectively referred to as the "Hutchens
Defendants," (generally, Sandy Hutchens, Tanya Hutchens, Jennifer Hutchens, and
various organizations alleged to be controlled by one or more of these defendants). The
petitioners collectively ask that the court accept on an interlocutory basis an appeal of the
class certification order pursuant to Fed. R. Civ. P. 23(f) and Fed. R. App. P. 5.
The previously ordered abatement of Case Nos. 13-702 and 13-703 is lifted. Any
prior directives concerning the filing of responses are vacated.
Appellate Case: 13-702
Document: 01019047521
Date Filed: 05/03/2013
Page: 2
The parties shall file entries of appearances in Case No. 13-705 within seven
calendar days from the date of this order.
The court consolidates the three proceedings for the purposes of concluding the
filing of responses and replies and court consideration. The respondents shall file a
single consolidated response to the three petitions that have been filed. The court
recognizes that limiting the consolidated response to twenty pages (see Fed. R. App. P.
5(c)) would be unfair. Nevertheless, sixty pages would be excessive, given the
duplicative nature of some of the arguments of the petitioners and the common facts,
background, and governing standards that respondents need not repeat as to each pending
petition.
The consolidated response of the respondents must be no more than 11,200 words
in length (the equivalent of over forty pages), exclusive of the non-countable items
identified in Fed. R. App. P. 32(a)(7)(B)(iii). The word count shall be certified as
provided in Fed. R. App. P. 32(a)(7)(C). The cover of the filing will identify all three
case numbers.
Because the respondents must organize a single response to three petitions, the
court establishes a longer briefing schedule for the consolidated response than would
otherwise be permitted by the applicable rule. The consolidated response shall be filed on
or before May 28, 2013.
The court pre-authorizes leave to the petitioners to file optional replies to the
consolidated response pursuant to l0th Cir. R. 5.1 and without need of motions seeking
that relief. Since the petitioners are separately represented, consolidation of the replies
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Appellate Case: 13-702
Document: 01019047521
Date Filed: 05/03/2013
Page: 3
may not be practical, so three separate replies will be permitted, each limited in size as
provided by the cited rule. The replies should not simply restate arguments already
advanced in the pending petitions and to the greatest extent possible, should not be
duplicative of each other. Notwithstanding the possible interplay between the timing
requirements of l0th Cir. R. 5.1. and Fed. R. App. P. 26(c), any replies shall be filed on or
before the seventh calendar day following service of the consolidated response.
Motions for extensions of time from the schedules established herein are strongly
discouraged and will be granted only under compelling circumstances. Counsel are
advised that all motions must comply with the court's "confer and report" requirement
found in l0th Cir. R. 27.3(C) and that any motion seeking an extension of time must be
filed at least five days before the scheduled deadline the motion seeks to extend. See
generally l0th Cir. R. 27.4(F).
Entered for the Court
ELISABETH A. SHUMAKER, Clerk
by: Douglas E. Cressler
Chief Deputy Clerk
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