HUTCHINSON et al v. UNITED STATES OF AMERICA

Filing 24

ORDER granting 15 Motion to Dismiss for Failure to State a Claim. Ordered by Judge Hugh Lawson on 6/18/2012. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
R. ANTHONY HUTCHINSON and LISA
HUTCHINSON,
Plaintiffs,
v.

Civil Action No. 7:11-cv-131 (HL)

UNITED STATES OF AMERICA,
Defendant.
ORDER
Before the Court is Defendant’s Motion to Dismiss Plaintiff Lisa
Hutchinson’s Loss of Consortium Claim. (Doc. 15.) Defendants argue in their
Motion that Lisa Hutchinson failed to exhaust her administrative remedies, which
precludes relief under the Federal Tort Claims Act, the statute upon which
Plaintiffs seek relief. Plaintiffs do not object to the Motion to Dismiss, and thus,
there is no debate about whether Mrs. Hutchinson’s loss of consortium claim
should be dismissed. The Motion to Dismiss is granted.
The loss of consortium claim was the only claim asserted by Plaintiff Lisa
Hutchinson, and with this claim resolved, Mrs. Hutchinson is no longer an active
party to this case. Thus, the Clerk of Court is ordered to amend the docket
reflecting the removal of Mrs. Hutchinson as a plaintiff.
SO ORDERED, this 18th day of June, 2012.
s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE