TALLEY v. UNITED STATES OF AMERICA et al

Filing 40

ORDER granting 25 Motion for Summary Judgment; granting 26 Motion to Dismiss; Pltf may file an AMENDED COMPLAINT w/in 30 days. Signed by Judge Robert B. Kugler on 3/28/2013. (drw)

NOT FOR PUBLICATION

(Doc. Nos. 25, 26)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
____________________________________
:
ANN MARIE TALLEY,
:
:
Plaintiff,
:
Civil No. 11-01180 (RBK/KMW)
:
v.
:
ORDER
:
UNITED STATES OF AMERICA, et al.
:
:
Defendants.
:
____________________________________ :
THIS MATTER having come before the Court on the motion of the United States of
America (“Defendant”) to dismiss the complaint of Ann Marie Talley (“Plaintiff”) for lack of
subject matter jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(1), and the motion
of Metropolitan Life Insurance Company (“Metlife”) for summary judgment on Plaintiff’s
complaint, pursuant to Federal Rule of Civil Procedure 56; and the Court having considered the
moving papers and attached documents, and the responses thereto, and for the reasons expressed
in the Opinion issued this date;
IT IS HEREBY ORDERED that the United States’ motion to dismiss is GRANTED.
Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE. Plaintiff may file an amended
complaint within 30 days of this Order.
IT IS HEREBY FURTHER ORDERED that Metlife’s motion for summary judgment
is GRANTED.

Dated: 3/28/2013

/s/ Robert B. Kugler
ROBERT B. KUGLER
United States District Judge