In Re LLS America LLC (Kriegman v. Perry et al) WAEB BK Adversary Proceeding No. 11-80293-PCW11

Filing 56

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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1 2 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 In Re: NO: 2:12-CV-664-RMP 8 LLS AMERICA, LLC, Bankr. Case No. 09-06194-PCW11 Debtor, 9 10 11 BRUCE P. KRIEGMAN, solely in his capacity as court-appointed Chapter 11 Trustee for LLS America, LLC, 12 Plaintiff, 13 ORDER GRANTING MOTION TO CONSOLIDATE WITH CASE NO. 2:12-CV-668-RMP v. 14 Adv. Proc. No. 11-80293-PCW11 DAVID PERRY and OTHELIA SPARE, 15 Defendants. 16 17 BEFORE THE COURT is Plaintiff’s Motion to Consolidate this case with 18 Case No. 2:12-CV-668-RMP. ECF No. 32. Defendant Perry filed an objection on 19 March 3, 2014. ECF No. 50. The Court has reviewed the motion, Defendant 20 Perry’s response, and the file and records therein. ORDER GRANTING MOTION TO CONSOLIDATE WITH CASE NO. 2:12CV-668-RMP ~ 1 1 Defendant Perry argues that consolidation would be improper because his 2 case involves a number of unique issues, such as lack of timely notice and 3 objections to the Trustee’s conduct. ECF No. 50. However, the Court finds that 4 Defendant Perry’s assertions are insufficient to show that he would be prejudiced 5 by a consolidated bench trial. The Court finds that there are common issues of law 6 and similar facts in both cases that warrant consolidation. See Fed. R. Civ. P. 42. 7 Accordingly, IT IS HEREBY ORDERED: 8 1. Plaintiff’s Motion to Consolidate, ECF No. 32, is GRANTED. 9 2. This case is hereby consolidated with Case No. 2:12-CV-668-RMP for 10 11 trial purposes only. The District Court Clerk is directed to enter this Order, to consolidate this 12 case with Case No. 12:12-CV-668-RMP, to provide copies of this Order to counsel 13 and to any pro se defendants, and CLOSE case number 2:12-CV-664-RMP. 14 DATED this 17th day of March 2014. 15 16 17 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON Chief United States District Court Judge 18 19 20 ORDER GRANTING MOTION TO CONSOLIDATE WITH CASE NO. 2:12CV-668-RMP ~ 2

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