Andrew Mattle v. United States of America

Filing 43

JUDGMENT by Judge John F. Walter. IT IS HEREBY ORDERED AND ADJUDGED that the Motion for Summary Judgment brought by Defendant United States of America as against Plaintiff Andrew Mattle is GRANTED, and judgment is hereby entered in favor of Defendant United States of America. (MD JS-6, Case Terminated). (jp)

7

ANDRE BIROTTE JR.
United States Attorney
LEON W. WEIDMAN
Assistant United States Attorney
Chief, Civil Division
JULIE ZATZ
Assistant United States Attorney
California State Bar No. 155560
Room 7516, Federal Building
300 North Los Angeles Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

8

Attorneys for the United States of America

9

12

Patrick A. Carreon, Esq. (SBN 119576)
THE CARREON FIRM
333 West Ocean Boulevard, Suite 505
Long Beach, CA 90802
[e-mail]
Telephone: [phone]
Facsimile: [phone]

13

Attorneys for Plaintiff Andrew Mattle

1
2
3
4
5
6

10
11

JS-6

14
UNITED STATES DISTRICT COURT

15

CENTRAL DISTRICT OF CALIFORNIA

16

WESTERN DIVISION

17
18

ANDREW MATTLE, an individual,

19

Plaintiff,

20
21

vs.
UNITED STATES OF AMERICA,

22
23

Defendant.

)
)
)
)
)
)
)
)
)
)
)

Case No.: CV 12-10157 JFW (FFMx)
JUDGMENT RE: UNITED
STATES’ MOTION FOR
SUMMARY JUDGMENT

24
25
26
27
28

WHEREAS Defendant United States of America moved this Court for an
Order granting Summary Judgment upon the grounds that (1) this court lacked
subject matter jurisdiction pursuant to the discretionary function exception, 28
U.S.C. § 2680(a), and (2) plaintiff failed to state a claim upon which relief could be

1

1

granted pursuant to the primary assumption of risk doctrine.

2

WHEREAS the Court, having now considered the parties’ memoranda of

3

points and authorities, statement of uncontroverted facts and conclusions of law,

4

the supporting declarations and evidence submitted therewith, as well as having

5

considered all of the other pleadings, records, and documents on file in this action.

6

WHEREAS the Court, having now issued an Order, dated November 26,

7

2013, Docket Number 39, detailing its ruling on the issues raised in Defendant’s

8

motion, hereby decrees as follows:

9

IT IS HEREBY ORDERED AND ADJUDGED that the Motion for

10

Summary Judgment brought by Defendant United States of America as against

11

Plaintiff Andrew Mattle is GRANTED, and judgment is hereby entered in favor of

12

Defendant United States of America.

13
14

DATED: December 17, 2013
________________________________
HONORABLE JOHN F. WALTER
UNITED STATES DISTRICT JUDGE

15
16
17
18

PRESENTED BY:

19

THE CARREON FIRM
/s/ Patrick A. Carreon
PATRICK A. CARREON, ESQ.
Attorneys for Plaintiff Andrew Mattle

20
21
22
23
24
25
26
27
28

ANDRE BIROTTE JR.
United States Attorney
LEON WEIDMAN
Assistant United States Attorney
Chief, Civil Division
/s/ Julie Zatz
JULIE ZATZ
Assistant United States Attorneys
/s/ Leon W. Weidman
LEON W. WEIDMAN
Assistant United States Attorneys
Chief, Civil Division
Attorneys for United States of America

2