Westerfield v. United States of America et al

Filing 212

Memorandum Opinion and Order: This matter is before the Court upon Defendant Lee Lucas's Motion to Dismiss Based Upon the FTCAs Judgment Bar (Doc. 208 ). In the alternative, defendant Lucas moves for partial reconsideration of the Cour t's October 2, 2013 Memorandum of Opinion and Order. In response, plaintiff concedes that the FTCAs judgment bar requires dismissal of the Brady claim asserted against defendant Lucas. Plaintiff argues that, as such, reconsideration is moot. Upon review, the Court finds that dismissal is warranted in that the parties agree that the sole remaining claim in the case is subject to the FTCA's judgment bar. The Court further agrees that because this provides a basis for dismissal of the claim, the Court need not reach defendant's alternative arguments regarding reconsideration of the Court's October 2, 2013 Memorandum of Opinion and Order. The motion to dismiss is GRANTED. Judge Patricia A. Gaughan on 11/7/13. (LC,S)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

Jason Westerfield,
Plaintiff,
vs.
The United States of America, et al.,
Defendants.

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CASE NO. 07 CV 3518
JUDGE PATRICIA A. GAUGHAN

Memorandum of Opinion and Order

This matter is before the Court upon Defendant Lee Lucas’s Motion to Dismiss Based
Upon the FTCA’s Judgment Bar (Doc. 208). In the alternative, defendant Lucas moves for
partial reconsideration of the Court’s October 2, 2013 Memorandum of Opinion and Order. In
response, plaintiff concedes that the FTCA’s judgment bar requires dismissal of the Brady claim
asserted against defendant Lucas. Plaintiff argues that, as such, reconsideration is moot.
Upon review, the Court finds that dismissal is warranted in that the parties agree that the
sole remaining claim in the case is subject to the FTCA’s judgment bar. The Court further
agrees that because this provides a basis for dismissal of the claim, the Court need not reach
defendant’s alternative arguments regarding reconsideration of the Court’s October 2, 2013

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Memorandum of Opinion and Order. The motion to dismiss is GRANTED.
IT IS SO ORDERED.

/s/ Patricia A. Gaughan
PATRICIA A. GAUGHAN
United States District Judge
Dated: 11/7/13

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