Opinion
Civil Case No. 01-RB-1451 (CBS), Consolidated with Civil Action No. 01-RB-1472, No. 01-RB-1527, 01-RB-1616., 01-RB-1799, 01-RB-1930, 1-RB-2083, 2-RB-333, 2-RB-374, 2-D-507, 2-RB-658, 02-RB-755, 2-RB-798, 4-RB-238, Civil Case No. 04-RB-0238 (CBS).
March 25, 2003
ORDER GRANTING DEFENDANTS' MOTION TO CONSOLIDATE
This matter is before me on Qwest's motion to consolidate cases [# 20], filed May 7, 2004. Under FED. R. CIV. P. 42(a), the court may consolidate cases involving common questions of law or fact. The plaintiffs in In re Qwest Securities Litigation, Case No. 01-RB-1451, allege violations of § 10(b) of the 1934 Securities Act, and other violations of the securities laws, against Qwest and others. The plaintiff in this case, Case No. 04-RB-238, alleges similar securities violations against Qwest and others based on factual allegations that are, in large part, the same as those in 02-RB-1451. The plaintiff in 04-RB-238 also has asserted some claims not asserted in 01-RB-1451, and has named some defendants not named in 01-RB-1451. However, these additional claims involve proof of the same type as the claims at issue in 01-1451. This case involves questions of law and fact common with Case No. 01-RB-1451.
ABP objects to consolidation, noting that it has asserted claims not asserted in the class action, and has named defendants not named in the class action. However, I conclude that these differences do not make consolidation unreasonable or inefficient.
THEREFORE, IT IS ORDERED as follows:
1) That Qwest's motion to consolidate cases [# 20], filed May 7, 2004, is GRANTED;
2) That under FED. R. CIV. P. 42(a), and D.C.COLO.LCivR 42.1, Case No. 04-RB-238 (CBS). Stichting Pesioenfonds ABP v. Qwest, et al., is CONSOLIDATED with Case No. 01-RB-1451; and
3) That these consolidated actions shall be captioned as shown below: