Opinion
Case Nos. 2:00-CV-936 ST, 2:03-CV-176 PGC.
May 29, 2003
ORDER GRANTING, IN PART, MOTION FOR CONSOLIDATION AND CONSOLIDATING CASES FOR PURPOSES OF PRETRIAL DISCOVERY ONLY
This matter is before the court on MediaNews' and Kearns-Tribune's Motion to Consolidate Related Case Pursuant to DUCivR 42-1.
MediaNews and Kearns-Tribune seek to consolidate this case with the case they filed on February 14, 2003, Kearns-Tribune v. Philip G. McCarthey, et al., Case No. 2:03-CV-176 PGC (the 2003 declaratory judgment case). The defendants therein are the five individual members of the McCarthey family who hold ownership interests in Plaintiff herein, Salt Lake Tribune Publishing. These members of the McCarthey family originally brought their claims of ownership interest in the Tribune or the Tribune Assets in a case filed in state court in Colorado in 2001 (the Colorado case). In February 2002, the Colorado case was stayed pending resolution of this case. However, it appears that the stay may now be lifted.
The Complaint in the 2003 declaratory judgment case seeks declaratory judgment regarding the claims of the individual McCartheys' to ownership of The Salt Lake Tribune or the Tribune Assets. The 2003 Declaratory Judgment case seeks basically the same relief that the MediaNews Defendants attempted to add to this case by a proposed counterclaim in 2002. On May 8, 2002, the court denied MediaNews' and Kearns-Tribune's request to add that counterclaim to this case.
MediaNews and Kearns-Tribune contend that this case and the 2003 Declaratory Judgment case arise from substantially the same transaction or event and involves substantially the same parties or property. They also contend that consolidation will not delay the November trial now set in this case. In the alternative, they seek consolidation for pretrial purposes only. Defendant Deseret News Publishing supports consolidation.
Plaintiff Salt Lake Tribune Publishing and the individual members of the McCarthey family, appearing specially, oppose consolidation.
This court is very familiar with this case. Having reviewed the Complaint in the Colorado case and the entire file in the 2003 Declaratory Judgment case, the court finds that while this case and the 2003 Declaratory Judgment case involve some of the same parties and property, and arise from some of the same transactions, that resolution of the 2003 Declaratory Judgment case also involves different parties, theories and property. In addition, the 2003 Declaratory Judgment case involves is intertwined with the previously-filed Colorado case. The court further finds that consolidation for trial purposes would make it impossible for the November trial to proceed as scheduled. Therefore, the court will not consolidate the cases for purposes of trial.
However, because it appears that discovery in the 2003 Declaratory Judgment case will involve many of the same documents and witnesses that were subject to discovery in this case, the court will consolidate these cases for pretrial discovery purposes only. The discovery deadlines, motion hearings, trial date and other matters for the 2003 Declaratory Judgment case will proceed independently. It is therefore
ORDERED that MediaNews' and Kearns-Tribune's Motion to Consolidate Related Case Pursuant to DUCivR 42-1 is GRANTED IN PART. It is further
ORDERED that Case No. 2:00-CV-936 ST and Case No. 2:03-CV-176 PGC will be consolidated for pretrial discovery purposes only. The cases will be consolidated into the case with the lowest number.