DELGADO v. UNITED STATES OF AMERICA

Filing 16

ORDER THAT DEFTS' MOTION TO DISMISS OR FOR SUMMARY JUDGMENT (ECF DOC NO. 6) IS DENIED, ETC. THE UNITED STATES SHALL ANSWER THE COMPLAINT ON OR BEFORE 7/28/2016.SIGNED BY HONORABLE MARK A. KEARNEY ON 7/14/16. 7/14/16 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RAUL DELGADO

CIVIL ACTION

v.

NO.

16-1765

UNITED STATES OF AMERICA

ORDER
AND NOW, this 14th day of July 2016, upon consideration of Defendant's Motion to

Dismiss or for Summary Judgment (ECF Doc. No. 6), Plaintiffs Response (ECF Doc. No. 7),
Defendant's Reply (ECF Doc. No. 8) and Plaintiffs Surreply (ECF Doc. No. 11), it is
ORDERED Defendant's Motion (ECF Doc. NO. 6) is DENIED as there are genuine issues of

material fact concerning causation and injury and we cannot, as a matter of law, either preclude
the application of the discovery rule or find Plaintiffs claims are barred by the two-year statute
of limitations.
The United States shall answer the Complaint on or before July 28, 2016.