POLLARD v. THE UNITED STATES OF AMERICA et al
ORDER THAT THE MOTION TO DISMISS FOR LACK OF JURISDICTION IS GRANTED. ALL CLAIMS AGAINST DEFENDANT UNITED STATES OF AMERICA ONLY ARE HEREBY DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE J. CURTIS JOYNER ON 1/8/2014. 1/9/2014 ENTERED AND COPIES E-MAILED.(kp, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA and
THE CITY OF PHILADELPHIA,
AND NOW, on this
day of January, 2014, upon
consideration of Defendant United States of America’s Motion to
Dismiss for Lack of Jurisdiction (Doc. No. 10) and Plaintiff’s
Response Thereto (Doc. No. 11), it is hereby ORDERED that the
Motion is GRANTED. All claims against Defendant United States of
America only are hereby DISMISSED with prejudice.1
BY THE COURT:
s/J. Curtis Joyner
J. CURTIS JOYNER, J.
The United States has represented to the Court that, upon dismissal of
any FTCA claims, “the United States would be willing to stipulate with Ms.
Pollard that, on condition that she will not appeal the dismissal, the United
States will voluntarily dismiss its counterclaim against her without
prejudice, so that this action can be dismissed and she can proceed on her
claims against the City of Philadelphia in the Court of Common Pleas for
Philadelphia County.” (Doc. No. 10). Plaintiff replied that she “is agreeable
with the proposed recommendation” of the United States. (Doc. No. 11). The
Court will consider the stipulation and notice of voluntary dismissal when
these documents have been filed.
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