Anato et al v. Barney et al
Filing
40
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS: 1) The United States' 27 Motion to Substitute is GRANTED; 2) The United States' 27 Motion to Dismiss is GRANTED; 3) Count 3 of the First Amended Complaint is DISMISSED without prejudice for lack of jurisdiction as the Federal Court of Claims has exclusive jurisdiction over contract claims against the United States exceeding $10,000; 4) Count 9 of the First Amended Complaint is DISMISSED with prejudice because the United States is i mmune from liability for constitutional torts; 5) Counts 2, 5, 6, 7, 8, 10, 11 and 15 of the First Amended Complaint are DISMISSED without prejudice for lack of jurisdiction as Plaintiffs have failed to exhaust their administrative remedies as requir ed by 28 U.S.C. 2675(a); 6) Counts 16, 17, 18, 19 and 20 of the First Amended Complaint are DISMISSED without prejudice for failure to state a claim upon which relief can be granted; 7) Counts 1, 12 and 14 of the First Amended Complaint are DISMISSED with prejudice, as time-barred; 8) Plaintiff's 25 Motion for Preliminary Injunction is DENIED; 9) Plaintiffs' demand for a jury trial is DENIED with respect to all claims against the United States; and, 10) On or before 7/12/13, Plaintiffs shall submit a report with the Court. SEE ORDER FOR FULL DETAILS. Copy of Order mailed to Pro Se Plaintiffs. Signed by Judge Sam E Haddon on 6/27/2013. (SLR, )
FILED
JUN 27 2013
0iatriCt court
IN THE UNITED STATES DISTRICT COURT
Ctet1<~Ot Montana
Helena
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
SODJINE PAUL ANATO and
SARAH ANATO,
No. CV l2-103-GF-SEH
Plaintiffs,
ORDER
vs.
USDA RURAL DEVELOPMENT,
LAD BARNEY, CAROL LECHNER,
JOANNE BOWERS, MATI JONES,
Defendant.
United States Magistrate Judge Keith Strong entered Findings and
Recommendations in this matter on June 4, 2013. 1 Plaintiffs filed objections on
June 18, 20l3. 2 The Court reviews de novo findings and recommendations to
which objections are made. 28 U.S.c. § 636(b)(l).
Upon de novo review of the record, I find no error in Judge Strong's
Findings and Recommendations and adopt them in full.
I
Document No. 36
2
Document No. 37
ORDERED:
1.
The United States' Motion to Substitute3 is GRANTED. The United
States shall be substituted as the proper Defendant in Counts 2, 5, 6, 7, 8,9, 10, 11
and 15 of the First Amended Complaint in place of federal employees Lad Barney,
Carol Lechner, Joanne Bowers and Matt Jones, as the United States has filed a
certification4 under 28 U.S.C. § 2679(d) stating that these individuals were acting
within the scope of their employment with the United States Department of
Agriculture at the time of the acts or omissions alleged in the First Amended
Complaint.
2.
The United States' Motion to Dismiss5 is GRANTED.
3.
Count 3 of the First Amended Complaint is DISMISSED without
prejudice for lack of jurisdiction as the Federal Court of Claims has exclusive
jurisdiction over contract claims against the United States exceeding $10,000.
4.
Count 9 of the First Amended Complaint is DISMISSED with
prejudice because the United States is immune from liability for constitutional
torts.
5.
Counts 2, 5, 6, 7, 8, 10,11 and 15 of the First Amended Complaint
'DocumentNo.27-1
4
Document No. 28-1
5
Document No. 27-2
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are DISMISSED without prejudice for lack of jurisdiction as Plaintiffs have failed
to exhaust their administrative remedies as required under 2B U.S.C. § 2675(a).
6.
Counts 16, 17, 1B, 19 and 20 of the First Amended Complaint are
DISMISSED without prejudice for failure to state a claim upon which relief can
be granted.
7.
Counts 1, 12 and 14 of the First Amended Complaint are
DISMISSED with prejudice, as time-barred, to the extent they are based upon
violations of the Equal Credit Opportunity Act (ECOA), 15 U.S.c. § 1691 et seq.,
occurring prior to July 200B.
B.
Plaintiffs' Motion for Preliminary Injunction 6 is DENIED.
9.
Plaintiffs' demand for a jury trial is DENIED with respect to all
claims against the United States.
10.
On or before July 12,2013, Plaintiffs shall submit a report with the
Court stating:
a.
Whether any Count in the First Amended Complaint
asserts a claim against Defendants Lad Barney, Carol Lechner,
Joanne Bowers and Matt Jones, in their individual capacities;
and
6
Document No. 25
-3
b.
If so, the date Plaintiffs intend to effect service of
process on each of these Defendants in compliance with
Fed. R.i!fz:.-P. 4(e).
DATED this .;{
7
day ofJune, 2013.
United States District Judge
-4
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