Filed: Aug. 19, 2013
Latest Update: Aug. 19, 2013
Summary: RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE MICHAEL E. HEGARTY, Magistrate Judge. Before the Court is Plaintiff's Opposed Motion to Consolidate Actions [ filed August 14, 2013 docket #203 ]. The matter is referred to this Court for recommendation. 1 For the reasons set forth below, the Court recommends the Motion be DENIED. 2 I. Background Plaintiff initiated this action (" Wojdacz I ") on June 7, 2012. (Docket #1.) Since that date, she has filed numerous documents accusing the Cour
Summary: RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE MICHAEL E. HEGARTY, Magistrate Judge. Before the Court is Plaintiff's Opposed Motion to Consolidate Actions [ filed August 14, 2013 docket #203 ]. The matter is referred to this Court for recommendation. 1 For the reasons set forth below, the Court recommends the Motion be DENIED. 2 I. Background Plaintiff initiated this action (" Wojdacz I ") on June 7, 2012. (Docket #1.) Since that date, she has filed numerous documents accusing the Court..
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
MICHAEL E. HEGARTY, Magistrate Judge.
Before the Court is Plaintiff's Opposed Motion to Consolidate Actions [filed August 14, 2013 docket #203]. The matter is referred to this Court for recommendation.1 For the reasons set forth below, the Court recommends the Motion be DENIED.2
I. Background
Plaintiff initiated this action ("Wojdacz I") on June 7, 2012. (Docket #1.) Since that date, she has filed numerous documents accusing the Court and counsel of fraud. (Dockets ##39, 103, 155.) Initially, Plaintiff attempted to name myself, Judge Blackburn, and various counsel of record as Defendants in this action based upon her belief that the aforementioned persons had conspired with existing Defendants to violate Plaintiff's civil rights. (Dockets ##169, 177.) When these attempts failed [see dockets ##171, 179], Plaintiff filed a separate action in this District, Wojdacz v. Blackburn, et al., Case No. 13-cv-01738-MSK ("Wojdacz II") on July 2, 2013. (Wojdacz II, docket #1.) Although the Clerk of the Court assigned Wojdacz II to Judge Blackburn at its inception, Judge Blackburn entered an order of recusal on July 8, 2013, to avoid any appearance of impartiality that might arise from being named as a Defendant in the case. (Id., docket #4.) The case was subsequently reassigned to Senior Judge Daniel, who returned the case, and then to Chief Judge Krieger. (Id., dockets ##5, 7, 8.) Plaintiff moved to consolidate Wojdacz I and Wojdacz II on August 14, 2013. (Id. docket # 15; Wojdacz II, docket #203.)
II. Discussion
According D.C. Colo. LCivR 42.1, "Cases consolidated shall be assigned for all further purposes to the judicial officer to whom the lowest numbered consolidated case previously was assigned for trial." Here, Wojdacz I is the lowest numbered case among the two, thus, D.C. Colo. LCivR 42.1 mandates that Wojdacz II would be assigned to Judge Blackburn in the event of consolidation. Because Judge Blackburn has expressly declined to enter any further orders in Wojdacz II, consolidation is not a viable option at this time.
III. Conclusion
For the reasons set forth above, the Court recommends that Plaintiff's Opposed Motion to Consolidate Actions [filed August 14, 2013; docket #203] be DENIED.
