Johnson v. Bodenhausen

Full title: KANE F. JOHNSON, a minor, by and through his parents and legal guardians…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Nov 30, 2011

Civil Action No. 10-cv-00341-WJM-KMT (D. Colo. Nov. 30, 2011)

Opinion

Civil Action No. 10-cv-00341-WJM-KMT Civil Action No. 11-cv-01580-WJM-BNB

11-30-2011

KANE F. JOHNSON, a minor, by and through his parents and legal guardians, Kevin L. Johnson and Cheryl L. Johnson; KEVIN L. JOHNSON, individually; and CHERYL L. JOHNSON, individually, Plaintiffs, v. SETH BODENHAUSEN; and VAIL SUMMIT RESORTS, INC., d/b/a BRECKENRIDGE SKI RESORT, INC., Defendants. AUTO CLUB FAMILY INSURANCE COMPANY, Plaintiff, v. SETH BODENHAUSEN; KANE F. JOHNSON, a minor, by and through his parents and legal guardians, Kevin L. Johnson and Cheryl L. Johnson; KEVIN L. JOHNSON, individually; and CHERYL L. JOHNSON, individually Defendants.

William J. Martinez

Judge

ORDER OF CONSOLIDATION

This matter is before the Court sua sponte. In Civil Action No. 10-cv-00341- WJM- KMT, the plaintiffs - Kane F. Johnson, Kevin L. Johnson, and Cheryl L. Johnson - who are also defendants in Civil Action No. 11-cv-01580-WJM-BNB, have made requests in both actions that the two actions be consolidated. (Civil Action No. 10-cv- 00341-WJM-KMT, ECF No. 75, at 3-4; Civil Action No. 11-cv-01580-WJM-BNB, ECF No. 12, ¶¶ 70, 82.) Also, in Civil Action No. 11-cv-01580-WJM-BNB, Plaintiff Auto Club Family Insurance Company filed a Notice of Related Case regarding Civil Action No. 10- cv-00341-WJM-KMT. (No. 10-cv-00341, ECF No. 20.)

Pursuant to Fed. R. Civ. P. 42(a), this Court finds that the two actions involve common questions of law or fact. Further, the Court finds that consolidation of these two actions will avoid unnecessary costs and delays, and will promote judicial efficiency.

It is therefore ORDERED that the following actions are consolidated for all purposes, and future filings in any of these actions shall contain the caption as set forth above and shall be docketed under Civil Action No. 10-cv-00341-WJM-KMT:

1) Civil Action No. 10-cv-00341-WJM-KMT, and
2) Civil Action No. 11-cv-01580-WJM-BNB.

It is FURTHER ORDERED that Magistrate Judge Kathleen M. Tafoya will be the sole referral Magistrate Judge in the consolidated action. As required by D.C.COLO.LCivR 40.1A, Chief Judge Wiley Y. Daniel has approved this transfer of Civil Action No. 11-cv-01580-WJM-BNB from Magistrate Judge Boyd N. Boland to Magistrate Judge Tafoya.

BY THE COURT:

William J. Martinez

United States District Judge