Rodriguez v. United States of America

Filing 107

ORDER DIRECTING the parties to notify the court, in writing, by 4/14/2017, whether the matter should be closed. If so, the parties are directed to submit a proposed closing order, agreed upon as to form, no later that 4/21/2017. Honorable Robert H. Cleland on 4/6/2017. (W,L)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

ESTATE OF JUAN CARLOS ANDRADE RODRIGUEZ,
EXECUTOR MARCO ANTONIO RODRIGO DE LA TORRE,
Plaintiff,
v.

Case No. 13-01559

UNITED STATES OF AMERICA,
Defendant.
ORDER DIRECTING RESPONSE
This is a wrongful death action against Defendant the United States of America
brought under the Federal Tort Claims Act, 28 U.S.C. § 1346 and § 2674. Defendant
has filed a third-party complaint for indemnity against Corrections Corporation of
America (“CCA”). (Dkt. # 49.) CCA filed a motion for summary judgment on the thirdparty claims on December 19, 2016. (Dkt. # 89.) On the same day, Defendant filed a
motion for summary judgment on Plaintiff’s claims. (Dkt. # 88.) Defendant and CCA
jointly requested a stay of CCA’s motion for summary judgment until after Defendant’s
liability to Plaintiff was determined, which the court granted. (Dkt. # 104.) The court
granted Defendant’s motion for summary judgment in an opinion and order entered April
6, 2017 (Dkt. # 106.)
The court sees no remaining reason to continue the third party claim, but is
mindful that the parties may view the matter differently. Accordingly, the court will direct
the parties to confer to discuss the status of the case and, if appropriate, submit a
proposed closing order agreed upon, in form, by everyone.

IT IS ORDERED that the parties are DIRECTED to confer as discussed above.
The parties are further DIRECTED to notify the court, in writing, no later than April 14,
2017, whether the matter is fit for closing. If so, the parties are further DIRECTED to
submit a proposed closing order, agreed upon as to form, no later than April 21, 2017.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

/

Dated: April 6, 2017

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, April 6, 2017, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C1 ORDERS\13-01559.RODRIGUEZ.order.direct.response.TLH.docx

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