GIBSON v. TJX Companies, Inc. et al

Filing 44

ORDER granting 38 Motion to Set Aside Judgment, which the Court construes as a motion for leave to file an amended complaint. Ordered by US DISTRICT JUDGE CLAY D LAND on 03/23/2017. (CCL)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION STEPHANIE GIBSON, * Plaintiff, * vs. * TJX COMPANIES, INC., et al., * Defendants. CASE NO. 4:16-cv-209 (CDL) * O R D E R The Court previously dismissed Plaintiff Stephanie Gibson’s negligence claims against Defendant Universal Vending Management, LLC because those claims were untimely. Feb. 2, 2017 Order Granting Mot. to Dismiss, ECF No. 37. In a footnote, the Court stated that to the extent Gibson attempted to assert a claim against Universal Vending on behalf of the United States under the Medical Care Recovery Act, 42 U.S.C. § 2651, “those claims fail because the Medical Care Recovery Act on its face only provides a right of recovery for the United States and Gibson does not allege that she has been authorized to bring any claims under the statute on behalf of the United States.” at 4 n.1. Id. In other words, the Court concluded that Gibson did not adequately allege that she had standing to pursue claims against Universal Vending under the Medical Care Recovery Act and dismissed the claim on that ground, without prejudice. Gibson negligence does not claims challenge against the Court’s Universal dismissal Vending. But of she her does assert that after the Court issued the order dismissing her claims against Universal Vending, she was given authority to prosecute her Medical Care Recovery Act claims on behalf of the United States. Gibson seeks leave to file a second amended complaint to add an allegation that she now has express consent from the United States to pursue a Medical Care Recovery Act claim against Universal Vending on behalf of the United States. The Gibson Court should ordered not be Universal Vending permitted to file to a show cause second why amended complaint to assert a Medical Care Recovery Act claim against Universal Vending. In its response brief, Universal Vending objected to Gibson’s proposed amended complaint to the extent it attempts to resurrect her negligence claims against Universal Vending that were previously dismissed as untimely, but Universal Vending stated that it did not object to an amendment that would “only seek reimbursement of the Tricare lien.” Def.’s Resp. to Pl.’s Mot. to Am. Compl. 3, ECF No. 41. The Court therefore finds that Gibson should be permitted to amend her complaint to assert against Universal Vending. a Medical Care Recovery Act claim She shall not, however, be permitted to reassert the dismissed negligence claims against Universal Vending. 2 Gibson shall file her second amended complaint within seven days of today’s order. IT IS SO ORDERED, this 23rd day of March, 2017. s/Clay D. Land CLAY D. LAND CHIEF U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?