Valverde v. Xclusive Staffing, Inc. et al

Filing 194

ORDER to Consolidate for Pretrial Discovery. Civil Action No. 17-cv-01602-RM-MJW is consolidated with Civil Action No. 16-cv-00671-RM-MJW for the purposes of pretrial discovery only; all motions, notices, and other filings related to pretrial discov ery shall be filed in the lowest case number, No. 16-cv-00671-RM-MJW; and, all pleadings, motions, briefs, or other documents unrelated to discovery shall be filed in the appropriate case file. ORDERED by Judge Raymond P. Moore on 9/6/2017. (cthom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 16-cv-00671-RM-MJW
ISABEL VALVERDE, et al.,
Plaintiffs,
v.
XCLUSIVE STAFFING, INC., et al.,
Defendants.
______________________________________________________________________________
ORDER TO CONSOLIDATE FOR PRETRIAL DISCOVERY
______________________________________________________________________________
Upon the filing of the Joint Motion for Status Conference regarding Related Case (ECF
No. 179), the Court held a status conference on August 18, 2017. During that conference, among
other things, the Court discussed with the parties the transfer of Civil Action No. 17-cv-01602CMA-KMT to this Court and the consolidation of that case with the above-captioned case for
purposes of discovery. Since that time, Civil Action No. 17-cv-01602 has been transferred to
this Court, and the Objection to a Report and Recommendation on certain Defendants’ Motion to
Dismiss in the above-captioned case has been addressed. Thus, the stay of discovery in the
above-captioned case may be lifted. Therefore, in accordance with the Court’s advisement to the
parties during the status conference, and pursuant to Rule 42(a) of the Federal Rules of Civil
Procedure (allowing actions which involve “a common question of law or fact” to be
consolidated), applicable case law, e.g., American Employers’ Ins. Co. v. King Resources Co.,
545 F.2d 1265, 1269 (10th Cir. 1976) (whether to consolidate vested in broad discretion of the

district court), and D.C.COLO.LCivR 42.1 (“[a] motion to consolidate shall be decided by the
district judge to whom the lowest numbered case included in the proposed consolidation is
assigned”), Civil Action No. 17-cv-01602-RM-MJW is consolidated with Civil Action No. 16cv-00671-RM-MJW for the purposes of pretrial discovery only. The Court may consider
whether the cases should be consolidated for trial upon the completion of discovery.
Accordingly, it is ORDERED
(1) That Civil Action No. 17-cv-01602-RM-MJW is consolidated with Civil Action No.
16-cv-00671-RM-MJW for the purposes of pretrial discovery only;
(2) That all motions, notices, and other filings related to pretrial discovery shall be filed in
the lowest case number, No. 16-cv-00671-RM-MJW;
(3) That all pleadings, motions, briefs, or other documents unrelated to discovery shall be
filed in the appropriate case file; and
(4) That this Order shall also be filed in Civil Action No. 17-cv-01602-RM-MJW.
DATED this 6th day of September, 2017.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

2