On June 20, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Clark Davidson,
and
Cantafio And Song Pllc,
David Feeder,
Feldmann Nagel Cantafio Pllc,
Lilly Lentz,
Mark Fischer,
Mike Lazar,
Patricia Scott,
Ralph Cantafio,
for Other
in the District Court of Routt County.
Preview
DATE FILED: June 20, 2023 12:23 PM
DISTRICT COURT, ROUTT COUNTY, COLORADO FILING ID: 7F307D6B1088E
1955 SHIELD DRIVE, Unit 200 CASE NUMBER: 2023CV30038
STEAMBOAT SPRINGS, COLORADO 80487
Plaintiff: Clark Davidson
v.
Defendants: Ralph Cantafio, David Feeder, Lilly Lentz,
Mike Lazar, Feldmann Nagel Cantafio, PLLC, Cantafio &
Song, PLLC, Mark Fischer, and Patricia Scott
COURT USE ONLY
Clark L. Davidson, Atty. Reg. No. 44605 Case Number:
729 Oak Street; PO Box 775144
Steamboat Springs, CO 80477
Phone: (970) 879-2102 Fax: (970) 457-5498
Email: clark@davidsontax.com Division:
MOTION FOR CONSOLIDATION
COMES NOW Plaintiff, Clark Davidson (“Plaintiff or Davidson”), an attorney
representing himself, and files this Motion for Consolidation of Cases.
Plaintiff respectfully files this Motion for Consolidation of Cases in accordance with
C.R.C.P. 121 § 1-8. The related case is a civil case, No. 2022CV 30074, Schnelle v Cantafio et
al. The alleged facts, claims, and defendants are nearly identical, and this filed Complaint and
the other Complaint each stem from the same underlying lawsuit.
A trial court may consolidate pending actions involving common questions of law or fact.
C.R.C.P. 42(a). See Mortgage Investments Corp. V. Battle Mountain Corp., 56 P P.3d 1104 at
1107 (CA 2001) (reversed on different issues). “When actions involving a common question of
law or fact are pending before the court, it may order a joint hearing or trial of any or all the
matters in issue in the actions; it may order all the actions consolidated; and it may make such
orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.”
C.R.C.P.(a). In this filed Complaint, the Defendants are the same as the previous case, but for
one: the predecessor law firm is also named in this litigation. However, the partner named in
1
both lawsuits, Ralph Cantafio, is a named partner in both firms: Feldmann Nagel Cantafio, PLLC
and Cantafio Song, PLLC. The facts are very similar and often overlap significantly in both
cases as they stem from the same underlying lawsuit, Scott v. Davidson et al. The convenience
and expedition of a single case for the trial court and the parties would be substantial, versus two
separate trials. Additionally, both cases have the same single cause of action: malicious
prosecution.
Therefore, in order for the efficiency of court resources and judicial economy, the
moving party respectfully requests the Court grant this Motion to Consolidate this case with the
previously filed case, 022CV 30074, Schnelle v Cantafio et al.
Respectfully submitted this 19th day of June, 2023.
ATTORNEY FOR PLAINTIFF
/s/_Clark L. Davidson_________
CLARK L. DAVIDSON, #44605
2
Preview
DATE FILED: June 20, 2023 12:23 PM DISTRICT COURT, ROUTT COUNTY, COLORADO FILING ID: 7F307D6B1088E 1955 SHIELD DRIVE, Unit 200 CASE NUMBER: 2023CV30038 STEAMBOAT SPRINGS, COLORADO 80487 Plaintiff: Clark Davidson v. Defendants: Ralph Cantafio, David Feeder, Lilly Lentz, Mike Lazar, Feldmann Nagel Cantafio, PLLC, Cantafio & Song, PLLC, Mark Fischer, and Patricia Scott COURT USE ONLY Clark L. Davidson, Atty. Reg. No. 44605 Case Number: 729 Oak Street; PO Box 775144 Steamboat Springs, CO 80477 Phone: (970) 879-2102 Fax: (970) 457-5498 Email: clark@davidsontax.com Division: MOTION FOR CONSOLIDATION COMES NOW Plaintiff, Clark Davidson (“Plaintiff or Davidson”), an attorney representing himself, and files this Motion for Consolidation of Cases. Plaintiff respectfully files this Motion for Consolidation of Cases in accordance with C.R.C.P. 121 § 1-8. The related case is a civil case, No. 2022CV 30074, Schnelle v Cantafio et al. The alleged facts, claims, and defendants are nearly identical, and this filed Complaint and the other Complaint each stem from the same underlying lawsuit. A trial court may consolidate pending actions involving common questions of law or fact. C.R.C.P. 42(a). See Mortgage Investments Corp. V. Battle Mountain Corp., 56 P P.3d 1104 at 1107 (CA 2001) (reversed on different issues). “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” C.R.C.P.(a). In this filed Complaint, the Defendants are the same as the previous case, but for one: the predecessor law firm is also named in this litigation. However, the partner named in 1 both lawsuits, Ralph Cantafio, is a named partner in both firms: Feldmann Nagel Cantafio, PLLC and Cantafio Song, PLLC. The facts are very similar and often overlap significantly in both cases as they stem from the same underlying lawsuit, Scott v. Davidson et al. The convenience and expedition of a single case for the trial court and the parties would be substantial, versus two separate trials. Additionally, both cases have the same single cause of action: malicious prosecution. Therefore, in order for the efficiency of court resources and judicial economy, the moving party respectfully requests the Court grant this Motion to Consolidate this case with the previously filed case, 022CV 30074, Schnelle v Cantafio et al. Respectfully submitted this 19th day of June, 2023. ATTORNEY FOR PLAINTIFF /s/_Clark L. Davidson_________ CLARK L. DAVIDSON, #44605 2