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