FENWICK v. UNITED STATES OF AMERICA et al

Filing 41

ORDER denying 27 plaintiff's objection to and motion to strike all juvenile records submitted by defendants in support of their motion to dismiss and/or for summary judgment; granting in part and denying in part 20 defendants' motion to dismiss. Signed by Judge Paul L. Friedman on March 8, 2010. (MA)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) MICHAEL FENWICK, ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, et al. ) ) Defendants. ) __________________________________________)

Civil Action No. 07-2330 (PLF)

ORDER For the reasons given in the Opinion issued this same day, it is hereby ORDERED that [20] defendants' motion to dismiss is GRANTED in part and DENIED in part; it is FURTHER ORDERED that, to the extent the plaintiff attempts to state common law tort claims against defendants Andrew Pudimott, Jeremy Fischer, and John Mickle, those claims are DISMISSED; it is FURTHER ORDERED that on or before April 15, 2010, the plaintiff shall effect proper service of process on defendants Andrew Pudimott, Jeremy Fischer, and John Mickle or face dismissal of his claims against them under Rule 4 of the Federal Rules of Civil Procedure; it is FURTHER ORDERED that [27] the plaintiff's objection to and motion to strike all juvenile court records submitted by defendants in support of their motion to dismiss and/or for summary judgment is DENIED; it is

FURTHER ORDERED that, on or before April 15, 2010, the parties shall submit supplemental briefs addressing the questions identified in Part II.C. of the Opinion accompanying this Order. Neither brief shall exceed fifteen pages in length; and it is FURTHER ORDERED that the defendants shall obtain and file copies of the documents specified in Part II.C. of the accompanying Opinion on or before April 15, 2010. SO ORDERED.

/s/_______________________________ PAUL L. FRIEDMAN United States District Judge DATE: March 8, 2010

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