PHILLIPS v. JOHNSON et al

Filing 14

MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Tanya S. Chutkan on 10/17/16.(ah)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

CHERLYN PHILLIPS,
Plaintiff,
v.
JEH CHARLES JOHNSON et al.,
Defendants.

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Civil Action No. 16-cv-0621-TSC

MEMORANDUM OPINION
In a complaint filed pro se in the United States District Court for the Eastern
District of New York, plaintiff alleges that in July 2011, the U.S. Department of
Homeland Security breached the settlement agreement reached in November 2010
governing her separation from employment. (See Compl., ECF No. 1.) Plaintiff seeks
$1.7 million in compensatory damages and an unspecified amount of “tort damages.”
(Id. at ECF p. 7.) Because of the location of the alleged events, the complaint, filed on
December 15, 2015, was transferred to this Court. (See Mar. 31, 2016 Transfer Order,
ECF No. 5.)
On August 23, 2016, defendants filed a Motion to Dismiss under Rule 12(b)(1)
and 12(b)(6) of the Federal Rules of Civil Procedure (ECF No. 11). Plaintiff was
ordered to respond to the motion by October 7, 2016, or risk summary dismissal of the
case on what would be treated as a conceded motion. (See Aug. 30, 2016 Order, ECF
No. 12.) Plaintiff has not complied with the order, and she has not sought additional

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time to comply. Therefore, the Court finds that plaintiff has conceded defendants’ valid
arguments for dismissal. Particularly, plaintiff has not refuted that (1) the claim for tort
damages is time-barred under the two-year statute of limitations set by the Federal Tort
Claims Act (“FTCA”) (Def.’s Mem. of P. & A. at 6-7, ECF No. 11-1); (2) the FTCA
bars certain claims alleged in the complaint (id. at 7-10); and (3) jurisdiction is lacking
over the claim arising from the settlement agreement previously adjudicated by the
Merit Systems Protection Board (id. at 10-12). Consequently, this case will be
dismissed. A separate Order accompanies this Memorandum Opinion.

Date: October 17, 2016

Tanya S. Chutkan
TANYA S. CHUTKAN
United States District Judge

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