Opinion
Civil Action No. 08-cv-00248-REB-BNB, Civil Case No. 08-cv-00359-REB-KMT.
July 16, 2008
ORDER GRANTING MOTION TO CONSOLIDATE
This matter is before me on the Unopposed Motion of Fidelity and Deposit Company of Maryland To Consolidate Cases Pursuant to Fed.R.Civ.P. 42(a) [#14], filed March 19, 2008. Fidelity and Deposit seeks to consolidate Civil Action No. 08-cv-00359-REB-KMT with Civil Action No. 08-cv-00248-REB-BNB. The motion is well taken, unopposed, and granted.
Both Civil Action No. 08-cv-00248 REB-BNB and Civil Action No. 08-cv-00359 REB-KMT concern the same construction project, and both cases revolve around two central disputes: (1) Fidelity and Deposit's claims for payment for its completion of the construction contract; and (2) the property owners' claims that the construction work was defective and was unduly delayed. Under FED. R. CIV. P. 42(a), the court may consolidate cases involving common questions of law or fact. Common questions of law and fact are predominant in the two above-captioned cases.
THEREFORE, IT IS ORDERED as follows:
1. That the Unopposed Motion of Fidelity and Deposit Company of Maryland To Consolidate Cases Pursuant to Fed.R.Civ.P. 42(a) [#14], filed March 19, 2008, is GRANTED consistent with the following orders;
2. That under FED. R. CIV. P. 42(a)(2), and D.C.COLO.LCivR 42.1, Civil Action No. 08-cv-00359-REB-KMT is CONSOLIDATED with Civil Action No. 08-cv-00248-REB-BNB for all purposes;
3. That under D.C.COLO.LCivR 42.1, Civil Action No. 08-cv-00359-REB-KMT IS REASSIGNED to Magistrate Judge Boland; and
4. That the two consolidated actions SHALL be captioned as follows:
Civil Action No. 08-cv-00248-REB-BNB (Consolidated with Civil Action No. 08-cv-00359-REB-BNB) WHITE RIVER VILLAGE, LLP, Plaintiff, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland corporation, Defendant.