Rodriguez v. United States of America

Filing 111

Order DENYING 110 Motion for reconsideration filed by Estate of Juan Carlos Andrade Rodriguez, Executor Marco Antonio Rodrigo de la Torre as representative, GRANTING 108 Stipulation/Joint Motion to Dismiss the Third-Party Complaint filed by United States of America and DISMISSING WITHOUT PREJUDICE the 43 Third Party Complaint. Honorable Robert H. Cleland on 4/24/2017. (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 DENYING RECONSIDERATION AND DISMISSING WITHOUT PREJUDICE
THIRD-PARTY COMPLAINT
This is a wrongful death action under the Federal Tort Claims Act, 28 U.S.C. §
1346 and § 2674. The court granted Defendant United States of America’s motion for
summary judgment in its opinion and order entered April 6, 2017 (Dkt. # 106). Plaintiff
has filed a motion asking the court to reconsider its grant of summary judgment and its
denial of Plaintiff’s motion for an extension of time to file an expert report (Dkt. # 100),
the absence of which formed the basis of the court’s summary judgment order. (Dkt. #
110.)
Plaintiff’s motion includes no briefing, and points to no error of law or other basis
for reconsideration in the court’s earlier orders. In the Northern District of Ohio, a court
may grant a motion for reconsideration if there is a clear error of law, newly discovered
evidence, an intervening change in controlling law, or to prevent manifest injustice.
Zheng v. Soufun Holdings Ltd., 2016 WL 4082674 (citing Gencorp, Inc., v. Am. Int’l.
Underwriters, 178 F.3d 804, 834 (6th Cir. 1999)). The court has reviewed its orders and

the accompanying briefing, and finds nothing to justify reconsideration. Therefore,
Plaintiff’s motion is denied.
The same day the court granted summary judgment, the court directed the
parties to notify the court whether the matter should be closed and, if so, to submit a
proposed closing order no later than April 21, 2017. (Dkt. # 107.) In response,
Defendant/Third-Party Claimant the United States of America and Third-Party
Defendant Corrections Corporation of America jointly submitted a motion stipulating to
the dismissal of the third-party complaint without prejudice (Dkt. # 108.) The joint motion
is granted. Accordingly,
IT IS ORDERED that Plaintiff’s motion for reconsideration (Dkt. # 110) is
DENIED.
IT IS FURTHER ORDERED that the government and CCA’s joint motion to
dismiss the third-party complaint (Dkt. # 108) is GRANTED. The third-party complaint
(Dkt. # 43) is DISMISSED WITHOUT PREJUDICE.
A separate judgment shall issue.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

/

Dated: April 24, 2017

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, April 24, 2017, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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