In Re LLS America LLC (Kriegman v. Perry et al) WAEB BK Adversary Proceeding No. 11-80293-PCW11
ORDER GRANTING MOTION TO CONSOLIDATE WITH CASE NO. 2:12-CV-668-RMP; granting 32 MOTION to Consolidate Case with Case No. 12-CV-668-RMP. Case closed. Signed by Chief Judge Rosanna Malouf Peterson. (CV, Case Administrator)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
LLS AMERICA, LLC,
Bankr. Case No. 09-06194-PCW11
BRUCE P. KRIEGMAN, solely in his
capacity as court-appointed Chapter 11
Trustee for LLS America, LLC,
ORDER GRANTING MOTION TO
CONSOLIDATE WITH CASE NO.
Adv. Proc. No. 11-80293-PCW11
DAVID PERRY and OTHELIA
BEFORE THE COURT is Plaintiff’s Motion to Consolidate this case with
Case No. 2:12-CV-668-RMP. ECF No. 32. Defendant Perry filed an objection on
March 3, 2014. ECF No. 50. The Court has reviewed the motion, Defendant
Perry’s response, and the file and records therein.
ORDER GRANTING MOTION TO CONSOLIDATE WITH CASE NO. 2:12CV-668-RMP ~ 1
Defendant Perry argues that consolidation would be improper because his
case involves a number of unique issues, such as lack of timely notice and
objections to the Trustee’s conduct. ECF No. 50. However, the Court finds that
Defendant Perry’s assertions are insufficient to show that he would be prejudiced
by a consolidated bench trial. The Court finds that there are common issues of law
and similar facts in both cases that warrant consolidation. See Fed. R. Civ. P. 42.
Accordingly, IT IS HEREBY ORDERED:
1. Plaintiff’s Motion to Consolidate, ECF No. 32, is GRANTED.
2. This case is hereby consolidated with Case No. 2:12-CV-668-RMP for
trial purposes only.
The District Court Clerk is directed to enter this Order, to consolidate this
case with Case No. 12:12-CV-668-RMP, to provide copies of this Order to counsel
and to any pro se defendants, and CLOSE case number 2:12-CV-664-RMP.
DATED this 17th day of March 2014.
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Chief United States District Court Judge
ORDER GRANTING MOTION TO CONSOLIDATE WITH CASE NO. 2:12CV-668-RMP ~ 2
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