Kramer v. USA

Filing 96

MEMORANDUM AND ORDER, The Court DENIES the motion without prejudice (Doc. 94). Signed by Judge J. Phil Gilbert on 9/21/2020. (jdh)

THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BENJAMIN BARRY KRAMER,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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Case No. 3:15-cv-420-JPG

MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Benjamin Barry Kramer’s motion to
extend the deadline to file dispositive motions regarding Count 11, the only remaining claim in
this case (Doc. 94). In Count 11, Kramer asserts a violation of the Federal Tort Claims Act
(“FTCA”), 28 U.S.C. § 1346(b)(1), based on the alleged wrongful seizure by the United States of
assets worth more than the $60 million criminal judgment against Kramer. The Court
established a dispositive motion deadline of August 31, 2020, for this claim (Doc. 92), and the
United States timely filed a motion for summary judgment asserting that the Court must dismiss
Count 11 because Kramer did not exhaust his administrative remedies before filing his FTCA
claim.
In the meantime, the Court set a hearing in Kramer’s criminal case, No. 98-cr-40070JPG, to receive an accounting of the sums seized from Kramer to determine whether the United
States has over-collected the monetary judgment against Kramer. In Kramer’s pending motion
in this case, Kramer seeks an extension of the dispositive motion deadline until after the hearing
in his criminal case. He believes he will uncover evidence in that proceeding which will be
relevant to this case.

The Court DENIES the motion without prejudice (Doc. 94). The only question
presently in issue in this case is whether Kramer exhausted his administrative remedies before
filing his FTCA cause of action. It is unlikely that evidence relevant to this question will be used
in the accounting hearing. Should Kramer’s FTCA claim survive the motion for summary
judgment on the issue of exhaustion, the Court would be amenable to a renewed motion for an
extension of time to file dispositive motions.
IT IS SO ORDERED.
DATED: September 21, 2020
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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