Coltharp v. United States of America et al
Filing
30
OPINION AND ORDER: Accordingly, upon further consideration, it is ORDERED that:(1) The court's prior order denying jurisdictional discovery (doc. no. [2) is vacated. (2) The motions for leave to conduct limited jurisdictional discovery (doc. nos. 16 , 20 , and 25 ) are granted. (3) Plaintiff shall have until February 20, 2018, to conduct jurisdictional discovery. Signed by Honorable Judge Myron H. Thompson on 12/22/2017. (kh, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
LORI COLTHARP,
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
CIVIL ACTION NO.
2:14cv233-MHT
(WO)
OPINION AND ORDER
In
response
plaintiff
to
defendant’s
repeatedly
jurisdictional
moved
discovery.
motion
for
to
leave
The
court
dismiss,
to
conduct
denied
those
motions for discovery, but in so doing, explained that
“[i]f
it
should
appear
that
the
dispositive
motion
cannot be resolved without discovery, the court will
then allow discovery.”
motion
to
dismiss,
Order (doc. no. 29).
defendant
asserts
that
In its
it
is
entitled to the discretionary function exception under
the
Federal
Resolution
determine
Torts
of
Claims
this
whether
Act,
motion
there
was
28
U.S.C. § 2680(a).
requires
a
the
court
to
mandatory
policy
or
regulation
actor’s
that
eliminated
discretion.
policy
or
unable
to
publicly
Defendant
regulation
rebut
the
exists,
that
available
involved
asserts
and
or
that
no
such
has
plaintiff
argument.
statutes
government
been
However,
regulations,
practically difficult for her to do so.”
“absent
it
is
Willet v.
U.S., No. 2:12-CV-296, 2013 WL 3280323 *4 (M.D. Ala.
June 27, 2013) (Watkins, J.).
It is now apparent that
limited jurisdictional discovery is warranted to allow
the
plaintiff
an
opportunity
to
seek
the
evidence
needed to contest defendant’s assertion.
***
Accordingly,
upon
further
consideration,
it
is
ORDERED that:
(1) The court’s prior order denying jurisdictional
discovery (doc. no. 29) is vacated.
(2) The
motions
for
leave
to
conduct
limited
jurisdictional discovery (doc. nos. 16, 20, and 25) are
granted.
2
(3) Plaintiff shall have until February 20, 2018,
to conduct jurisdictional discovery.
DONE, this the 22nd day of December, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?