A Just Cause v. Martinez

Filing 8

ORDER re: 7 United States' Notice of Substitution of the United States for defendant Darlene M. Martinez. It is ORDERED that pursuant to 28 U.S.C. § 2679 (d)(l), as amended, the United States shall be and hereby is substituted as the sole defendant herein with respect to plaintiff's common law tort action, and it is further ORDERED that the Complaint shall be and hereby is dismissed with prejudice as to the defendant Darlene M. Martinez to the extent she has been sued for common law torts, and it is further ORDERED that the caption of plaintiff's Complaint shall read as shown. By Judge R. Brooke Jackson on 08/26/13. (alvsl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02260-RBJ-KMT
A JUST CAUSE, a non-profit organization,
Plaintiff,
v.
DARLENE M. MARTINEZ,
Defendant.

ORDER

Upon the United States' Notice of Substitution of the United States for
defendant Darlene M. Martinez, and it appearing to the Court that the Complaint
alleges a common law tort action against Ms. Martinez arising out of actions taken
within the scope of her employment as a federal employee of the United States; it
is
ORDERED that pursuant to 28 U.S.C. § 2679(d)(l), as amended, the United
States shall be and hereby is substituted as the sole defendant herein with respect to
plaintiff's common law tort action, and it is further
ORDERED that the Complaint shall be and hereby is dismissed with

prejudice as to the defendant Darlene M. Martinez to the extent she has been sued
for common law torts, and it is further
ORDERED that the caption of plaintiff's Complaint shall read as follows:

A JUST CAUSE, a non-profit organization,
Plaintiff,
v.
UNITED STATES OF AMERICA, and
DARLENE M. MARTINEZ,
Defendants.

DATED this 26th day of August, 2013.
BY THE COURT:

_______________________________________
UNITED STATES DISTRICT COURT JUDGE