Hernandez v. USA et al

Filing 20

ORDER Denying 19 Motion for Reconsideration Pursuant to Fed.R.Civ.Pro 59 and Request for Reinstatement of Case, by Judge Richard P. Matsch on 8/2/2012.(rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 11-cv-02347-RPM
MARCO A. HERNANDEZ,
Plaintiff,
v.
UNITED STATES OF AMERICA and
TRANSPORTATION SECURITY ADMINISTRATION,
Defendants.
_____________________________________________________________________
ORDER DENYING PLAINTIFF’S MOTION AND REQUEST FOR RECONSIDERATION
PURSUANT TO FED.R.CIV.P. 59 AND REQUEST FOR REINSTATEMENT OF CASE
_____________________________________________________________________
Upon review of the pleading filed August 1, 2012, by counsel for the plaintiff,
entitled Plaintiff’s Motion and Request for Reconsideration Pursuant to Fed.R.Civ.Pro
59 and Request for Reinstatement of Case [19] and the request for reconsideration of
the dismissal of the Federal Tort Claims Act claim states only conclusions with respect
to whether a negligence claim has been stated under either Florida or Colorado law
and, accordingly, is insufficient. The plaintiff also again seeks to amend the complaint,
now to claim individual liability against the persons named as TSA employees in the
amended complaint. This case was initiated by a complaint filed on September 7, 2011,
and plaintiff’s counsel has been struggling to attempt to state a cognizable claim. There
is no justification for the delays involved in the plaintiff’s search for a remedy and to
grant permission now to name individual defendants as liable for events that took place
in 2009 and early 2010 is untimely. Accordingly, it is

ORDERED that the relief requested in the plaintiff’s Motion and Request for
Reconsideration Pursuant to Fed.R.Civ.Pro 59 and Request for Reinstatement of Case
is denied.
DATED: August 2nd, 2012
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge

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