McClintic et al v. United States Postal Service et al

Filing 27

ORDER GRANTING Defendant United States' Unopposed 23 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 6/21/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH ROBERT McCLINTIC, et al.

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1:13-cv-00439-LJO-GSA

Plaintiffs,

ORDER ON DEFENDANT UNITED
STATES’ UNOPPOSED MOTION TO
DISMISS (Doc. 23)

v.

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15 UNITED STATES POSTAL SERVICE, et al.
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Defendants.

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Plaintiffs Joseph Robert McClintic, through his guardian ad litem Marlene Hubbell, and
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Marlene Hubbell, as co-trustee of the Joseph McClintic Living Trust, filed a complaint against
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defendants the United States Postal Service; Bertha Cervantes, a United States postal carrier; and Does
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1 through 50. Plaintiffs allege that defendants are liable for Ms. Cervantes’ alleged execution of a
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“sweetheart swindle scam” against Mr. McClintic in which she conned Mr. McClintic out of

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approximately $38,000 in gifts and monies.
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The United States, on behalf of the United States Postal Service, filed a motion to dismiss all
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claims against it, with prejudice, for failure to establish subject matter jurisdiction and failure to state a
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claim. Plaintiffs filed a statement of non-opposition to the motion.
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The United States’ unopposed motion to dismiss all claims against it is GRANTED. All claims

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against the United States are DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to enter

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judgment in favor of the United States. The hearing set for July 2, 2013 is VACATED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

June 21, 2013

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

66h44d

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