Free Order on Motion to Consolidate Cases - District Court of Colorado - Colorado

Case 1:04-cv-01067-MSK-CBS

Document 53

Filed 09/19/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 04-cv-01067-REB-CBS WILLIAM R. CADORNA, Plaintiff, v. THE CITY AND COUNTY OF DENVER, COLORADO, a municipal corporation, JAMES A. SESTRICH, Division Chief, Denver Fire Department, KELLEY S. CALDWELL, Division Chief, Denver, Fire Department, JOSEPH R. HART, Assistant Chief, Denver Fire Department, and FRANK J. HOFFMAN, Lieutenant, Denver Fire Department, Defendants.

ORDER ON PLAINTIFF' MOTION FOR CONSOLIDATION S AND CONTINUANCE OF TRIAL Blackburn, J. The matter before me is Plaintiff' Motion for Consolidation and Continuance of s Trial [#49], filed September 15, 2005. Plaintiff asks that this case be consolidated with Civil Case No. 04-cv-01434-REB-CBS, Cadorna v. Safeway, Inc., and that the trial date be continued until at least September, 2006.1 Plaintiff maintains that unless the trial date is extended and the cases consolidated, he will be unable to finance this litigation. However, I remain of the opinion that these two cases are not proper for a consolidated trial. (See Order on Safeway' Motion to Consolidate [#19], filed October s 5, 2004.) Moreover, if continued, the first available date on my docket for trial of either

Plaintiff also seeks the extension of various pretrial discovery deadlines. The magistrate judge has already informed the parties that no such extensions will be granted unless the trial date is likewise extended. (See Minute Order [#52], filed September 16, 2005.)

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Case 1:04-cv-01067-MSK-CBS

Document 53

Filed 09/19/2005

Page 2 of 2

case is not until July, 2007. Extended delay of this nature does not promote economy or efficiency for anyone involved in the litigation and is the antithesis of that intended under Fed. R. Civ. P. 1. THEREFORE, IT IS ORDERED that Plaintiff' Motion for Consolidation and s Continuance of Trial [#49], filed September 15, 2005, is DENIED. Dated September 19, 2005, at Denver, Colorado. BY THE COURT:

s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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