BOHNENKAMP et al v. WHISTERBARTH et al
ORDER. Supplemental Briefing due on or before Wednesday, April 14, 2021. Oral argument on motions to dismiss will be set by separate order. Signed by United States Magistrate Judge Richard A. Lanzillo on March 31, 2021. (jbh)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Case No. 1:19-cv-00115-RAL
RICHARD A. LANZILLO
UNITED STATES MAGISTRATE JUDGE
ORDER SCHEDULING ORAL
ARGUMENT AND SUPPLEMENTAL
Presently pending before the Court are motions to dismiss filed by Defendant United States
of America (ECF No. 39) and Defendant James Wusterbarth (ECF No. 47). In reviewing the
Parties’ submissions regarding the United States’ motion, the Court has identified an issue of law
that the parties have not adequately addressed in their briefs—specifically; assuming Wusterbarth
acted within the scope of his employment, do aspects of Plaintiff’s intentional infliction of
emotional distress and invasion of privacy-intrusion upon seclusion claims fall outside of the Federal
Tort Claims Act’s “intentional tort” exception, 28 U.S.C. § 2680(h)? Compare, McCluskey v. United
States, 2010 WL 4024717, at *8 (W.D. Pa. Oct. 12, 2010), with Ruddy v. United States, 2011 WL
5834953, at *4 (M.D. Pa. Nov. 21, 2011) and Jense v. Runyon, 990 F. Supp. 1320, 1330 (D. Utah
The Parties are directed to file supplemental briefs on this issue on or before Wednesday,
April 14, 2021. Supplemental briefs shall not exceed ten (10) pages in length. Further, the Court
will hear oral argument on the motions to dismiss on Friday, April 16, 2021, at 11:00 AM. Oral
argument will be conducted by video conference and instructions for accessing the Court’s video
conferencing application will be emailed to Counsel prior to the hearing.
In addition, a telephonic status conference will be scheduled for Tuesday, April 6, 2021,
beginning at 10:00 AM. At that time, the Court will provide further clarification of its concerns
and questions for Counsel. Pending receipt of the supplemental briefing and further argument, the
Court will terminate the pending motions to dismiss, to be reactivated following oral argument.
So ordered this 31st day of March 2021.
RICHARD A. LANZILLO
United States Magistrate Judge
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