Town of Superior, The v. United States Fish and Wildlife Service et al
ORDER granting 27 Motion to Consolidate Cases. Case No. 12-cv-00388-PAB shall be consolidated for all purposes with Case Nos. 11-cv-03294-PAB and 12-cv-00034-PAB. 11-cv-03294 shall be the lead case. The parties are directed to file all further pleadings in case No. 11-cv-03294. By Judge Philip A. Brimmer on 5/10/12.(cmacd )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-03294-PAB
(consolidated with Civil Action No. 12-cv-00034-PAB)
THE TOWN OF SUPERIOR, a Colorado municipality,
UNITED STATES FISH AND WILDLIFE SERVICE, et al.,
This matter is before the Court on the unopposed motion to consolidate [Docket
No. 27] filed by the plaintiffs in Civil Action No. 12-cv-00388-PAB, WildEarth Guardians
and Rocky Mountain Wild (“plaintiffs”). Plaintiffs seek to consolidate Civil Action No.
12-cv-00388 with this case and the already-consolidated case Civil Action No. 12-cv00034-PAB.
Pursuant to Fed. R. Civ. P. 42(a)(2), the Court is permitted to consolidate actions
if they “involve a common question of law or fact.” The Court has “broad discretion 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.” 9A
Wright & Miller, Federal Practice & Procedure – Civil, § 2381 (3d ed. 2011). In their
unopposed motion, plaintiffs point out that Civil Action No. 12-cv-00388-PAB and “the
two previously-filed lawsuits concern the same subject matter, federal agency
defendants, and agency actions, and also raise legal claims based on the same
statutes, and will be reviewed based on the same or similar administrative record.”
Docket No. 27 at 1. That being the case, the Court concludes that consolidation would
serve the interests of judicial economy. See Fed. R. Civ. P. 42(a). Therefore, it is
ORDERED that the unopposed motion to consolidate [Docket No. 27] is
GRANTED. Civil Action No. 12-cv-00388-PAB is consolidated with this case and Civil
Action No. 12-cv-00034-PAB. It is further
ORDERED that this order shall be docketed in both this case and Civil Action
No. 12-cv-00388-PAB and the identical motion in that case [Docket No. 5 in No. 12-cv00388-PAB] is GRANTED. It is further
ORDERED that Civil Action No. 11-cv-03294-PAB will constitute the lead case.
DATED May 10, 2012.
BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge
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