Garcia v. Hotel Powers Inc

Filing 9

ORDER. Defendants Motion To Consolidate 6 filed 9/29/2011 is GRANTED. Under Fed. R. Civ. P. 42(a)(2) and D.C.COLO.LCivR 42.1, Witter-Gortner v. Hotel Powers, Inc. d/b/a Hampton Inn, Civil Action No. 11-cv-02361-RPM is CONSOLIDATED with Garcia v. H otel Powers, Inc. d/b/a Hampton Inn, Civil Action N o. 11-cv-02239-REB-KMT. Under D.C.COLO.LCivR 42.1, Civil Action No.11-cv-02361-RPM is REASSIGNED to United States District Judge Robert E. Blackburn. Under D.C.COLO.LCivR 42.1, Civil Action No.11-cv-02361-RPM is ASSIGNED to United States Magistrate Judge Kathleen Tafoya. Under D.C.COLO.LCivR 42.1, Civil Action No.11-cv-02361-RPM is ASSIGNED to United States Magistrate Judge Kathleen Tafoya. By Judge Robert E. Blackburn on 10/28/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-02239-REB-KMT
EDIE GARCIA,
Plaintiff,
v.
HOTEL POWERS, INC., d/b/a HAMPTON INN,
Defendant.

Civil Action No. 11-cv-02361-RPM
NICHOLE WITTER-GORTNER,
Plaintiff,
v.
HOTEL POWERS, INC. d/b/a HAMPTON INN,
Defendant.

ORDER GRANTING MOTION TO CONSOLIDATE
Blackburn, J.
The matter before me is the defendant’s Motion To Consolidate [#6]1 filed
September 29, 2011. The plaintiff filed a response [#7], and the defendant filed a reply
[#8]. I grant the motion.
The determination whether to consolidate cases is governed by Rule 42(a) of the

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“[#6]” is an example of the convention I use to identify the docket number assigned to a specific
paper by the court’s electronic case filing and management system (CM/ECF). I use this convention
throughout this order.

Federal Rules of Civil Procedure, which provides, pertinently:
When actions involving a common question of law or fact are
pending before the court, it may order a joint hearing or trial
of any or all the matters in issue in the actions; it may order
all the actions consolidated; and it may make such orders
concerning proceedings therein as may tend to avoid
unnecessary costs or delay.
FED. R. CIV. P. 42(a).2 This rule allows the court “to decide how cases on its docket are
to be tried so that the business of the court may be dispatched with expedition and
economy while providing justice to the parties.” Breaux v. American Family Mutual
Insurance Co., 220 F.R.D. 366, 367 (D. Colo. 2004) (quoting 9 C. WRIGHT & A. MILLER,
FEDERAL PRACTICE AND PROCEDURE § 2381 at 427 (2nd ed. 1995)). The decision
whether to consolidate cases is committed to my sound discretion. Shump v. Balka,
574 F.2d 1341, 1344 (10th Cir. 1978).
The defendant moves to consolidate the two cases identified in the caption of this
order. Both cases plead claims for employment discrimination under Title VII. The
plaintiffs in both cases were employed by the defendant, Hotel Powers, Inc. d/b/a
Hampton Inn, and both plaintiffs were terminated by the defendant on the same day.
Both plaintiffs bring claims of sex discrimination, hostile work environment, wrongful
termination, and retaliation. The defendant contends that both cases involve the
defendant’s decision to replace the staff at the hotel because the hotel was under
performing and had multiple employee problems.
In Civil Action No. 11-cv-02239-REB-KMT, plaintiff, Edie Garcia, alleges that she
was employed by the defendant and was harassed routinely by Jozef Petraszek, an

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As the district judge to whom the oldest numbered case involved in the proposed consolidation
is assigned for trial, the question whether to consolidate these matters falls to me for determination.
See D.C.COLO.LCivR 42.1.

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individual who is one of the owners of Hotel Powers, Inc. Complaint [#1], pp. 3 - 4. Ms.
Garcia alleges that on September 22, 2010, Petraszek locked her in an office with him,
screamed at her, threatened her, threw papers at her, and waved a hunting knife while
yelling at her. Id. Ultimately, on September 27, 2010, Ms. Garcia was terminated by
the defendant based on the defendant’s allegations that Ms. Garcia was involved in
credit card fraud and padding her time card. Id., p. 4. Ms. Garcia denies these
allegations.
In Civil Action No. 11-cv-02361-RPM, plaintiff, Nichole Witter-Gortner, alleges
that she was employed by the defendant and was harassed routinely by Jozef
Petraszek. Complaint [#1], pp. 3 - 4. Ms. Witter Gortner alleges that on September 24,
2010, she told Slawek Pietraszek, another owner of Hotel Powers, Inc., that she was
going to call the police about Jozef Petraszek. Ms. Witter-Gortner says her employment
was terminated on September 27, 2010. Ms. Witter-Gortner alleges that at the time of
her termination, she was told her termination was based on low hotel scores. She
alleges that she was accused later by the defendant of having relatives and friends stay
improperly at the hotel and of being involved in a credit card scam. She denies these
allegations.
Although there are some differences in the claims asserted by the two plaintiffs,
their factual allegations and their Title VII claims generally are very similar. It is clear
that common questions of law and fact predominate in these two cases such that
consolidation will be appropriate and efficacious. Any differences in the claims asserted
by the two plaintiffs can be accommodated in a consolidated case.
THEREFORE, IT IS ORDERED as follows:
1. That the defendant’s Motion To Consolidate [#6] filed September 29, 2011,
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is GRANTED;
2. That under Fed. R. Civ. P. 42(a)(2) and D.C.COLO.LCivR 42.1, WitterGortner v. Hotel Powers, Inc. d/b/a Hampton Inn, Civil Action No. 11-cv-02361-RPM
is CONSOLIDATED with Garcia v. Hotel Powers, Inc. d/b/a Hampton Inn, Civil Action
No. 11-cv-02239-REB-KMT;
3. That under D.C.COLO.LCivR 42.1, Civil Action No.11-cv-02361-RPM is
REASSIGNED to United States District Judge Robert E. Blackburn;
4. That under D.C.COLO.LCivR 42.1, Civil Action No.11-cv-02361-RPM is
ASSIGNED to United States Magistrate Judge Kathleen Tafoya; and
5. That all future filings in these consolidated actions SHALL BE CAPTIONED
as shown below:

Civil Case No. 11-cv-02239-REB-KMT
(Consolidated with Civil Action No. 11-cv-02361-REB-KMT)
EDIE GARCIA and
NICHOLE WITTER-GORTNER,
Plaintiffs,
v.
HOTEL POWERS, INC., d/b/a HAMPTON INN,
Defendant.

Dated October 28, 2011, at Denver, Colorado.
BY THE COURT:

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