NEW JERSEY MANUFACTURERS INSURANCE CO. v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT et al

Filing 10

OPINION. Signed by Judge Mary L. Cooper on 6/11/2013. (gxh)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
NEW JERSEY MANUFACTURERS
INSURANCE CO., a/s/o CANDACE
KNIGHT,

CIVIL ACTION NO. 13-1124 (MLC)
O P I N I O N

Plaintiff,
v.
UNITED STATES IMMIGRATION AND
CUSTOMS ENFORCEMENT, et al.,
Defendants.
THE COURT writes exclusively for the parties, who are familiar
with the facts underlying the action.

Those facts are thus recited

here only sparingly.
THE PLAINTIFF, New Jersey Manufacturers Insurance Co. (“NJM”),
brings this subrogation action on behalf of its insured, Candace
Knight, against the defendants United States Immigration and
Customs Enforcement (“ICE”) and Steven M. Beyers.
no. 1, Compl.)

(See dkt. entry

NJM alleges in the Complaint that Knight and Beyers

were involved in a motor vehicle collision, and that Beyers “was
employed by ICE and was acting within the scope of his employment,
and driving a motor vehicle owned by ICE when he was involved in
the . . . collision.”

(Id. at ¶ 3.)

ICE now moves to dismiss the claims asserted against it,
arguing that Beyers was not acting within the scope of his

employment at the time of the accident.

(See dkt. entry no. 9,

Mot.; dkt. entry no. 9-1, Br. in Supp.)

NJM has advised the Court

that it does not oppose the dismissal of those claims.1
THE COURT, for good cause appearing, will thus enter a
separate order and judgment, dismissing the claims asserted against
ICE.
s/ Mary L. Cooper
.
MARY L. COOPER
United States District Judge
Date:

June 11, 2013

1

Because NJM has in some form responded to the Motion, the
Motion was not so “unopposed” that the Court must resolve the
Motion on its merits. But cf. Stackhouse v. Mazurkiewicz, 951 F.2d
29, 29-30 (3d Cir. 1991) (discussing Court’s obligation to resolve
motion to dismiss where non-movant fails to file any opposition or
response). The Court here deems NJM to consent to the entry of an
Order and Judgment that dismisses the claims asserted against ICE.

2