BROWN v. UNITED STATES et al

Filing 13

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. 6) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. PLAINTIFFS COUNTER-MOTION FOR SUMMARY JUDGMENT (DOC. 9) IS DENIED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 2/6/18. 2/7/18 ENTERED AND COPIES EMAILED.(rf, )

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

BLANCHE A. BROWN,
Plaintiff,
v.
UNITED STATES, ET AL.,
Defendants.

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CIVIL ACTION

NO. 17-1551

ORDER
AND NOW, this 6th day of February, 2018, upon consideration of Defendants’ Motion
to Dismiss Plaintiff’s Complaint (Doc. No. 6), Plaintiff’s Response in Opposition and Countermotion for Summary Judgment (Doc. No. 9), Defendants’ Reply and Response in Opposition to
the Counter-motion (Doc. No. 10), and Plaintiff’s Reply (Doc. No. 11), it is hereby ORDERED
as follows:
1.

Defendants’ Motion to Dismiss (Doc. No. 6) is GRANTED IN PART and
DENIED IN PART:
a.

b.

Count 15 of the Complaint is dismissed for failure to state a claim
pursuant to Federal Rule of Civil Procedure 12(b)(6);

c.

2.

Counts 1–3 and 5–14 of the Complaint are dismissed for lack of subjectmatter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1);

Count 4 of the Complaint is dismissed against all Defendants EXCEPT
Defendant United States of America.

Plaintiff’s Counter-motion for Summary Judgment (Doc. No. 9) is DENIED.
BY THE COURT:
/s/ Mitchell S. Goldberg
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MITCHELL S. GOLDBERG,
J.