Martinez v. Backer et al

Filing 7

ORDER OF CONSOLIDATION Upon the hearing held in this civil action, 14-cv-03305-RPM, 41 on November 5, 2015 on the motion of the individual defendants to consolidate newly filed Civil Action No. 15-cv-01993-RBJ, Anthony Martinez v. Patrick Backer, Cheryl Herrera, Matthew Mitchell and/or The United States of America, Civil Actions 14-cv-03305-RPM and 15-cv-01993-RBJ are consolidated, by Judge Richard P. Matsch on 11/6/15. (ktera)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03305-RPM
ANTHONY MARTINEZ,
Plaintiff,
v.
PATRICK BACKER,
CHERYL HERRERA,
MATTHEW MITCHELL and
LA PLATA COUNTY, COLORADO,
Defendants.
_____________________________________________________________________
ORDER OF CONSOLIDATION
CIVIL ACTIONS 14-cv-03305-RPM and 15-cv-01993-RBJ
_____________________________________________________________________
Upon the hearing held in this civil action on November 5, 2015 on the motion of
the individual defendants to consolidate newly filed Civil Action No. 15-cv-01993-RBJ,
Anthony Martinez v. Patrick Backer, Cheryl Herrera, Matthew Mitchell and/or The United
States of America, the Court finds that
Both cases require a determination of the authority and status of officers Backer,
Herrera, and Mitchell as defendants and that, in turn will determine whether the United
States is liable for their conduct as tortious acts and whether they have immunity for the
constitutional torts alleged against them in Civil Action 14-cv-03305-RPM.
It is ORDERED that Civil Actions 14-cv-03305-RPM and 15-cv-01993-RBJ are
consolidated.

DATED: November 6, 2015
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge