SHARRATT v. MURTHA

Filing 36

SHARRATT v. MURTHA

Doc. 36

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA Justin SHARRATT, Plaintiff, v. John MURTHA and UNITED STATES, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 3:08-229

JUDGE GIBSON Electronically Filed

DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR RECONSIDERATION After this Court correctly substituted the United States as sole defendant for Plaintiff Justin Sharratt's state law tort claims--again--Sharratt now seeks an oral argument, which would effectively give him a third bite at the apple on the substitution issue. Sharratt offers absolutely no legal basis for reconsideration, and his request for oral argument is untimely. Accordingly, Defendants oppose Sharratt's request for reconsideration and oral argument on the substitution issue.

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Dated: July 13, 2009

Respectfully submitted,

MARY BETH BUCHANAN United States Attorney JESSICA LIEBER SMOLAR Assistant United States Attorney Western District of Pennsylvania 700 Grant Street, Suite 4000 Pittsburgh, PA 15219 [phone] (phone) PA I.D. No. 65406

TONY WEST Assistant Attorney General Civil Division TIMOTHY P. GARREN Director, Torts Branch C. SALVATORE D'ALESSIO Senior Trial Counsel, Torts Branch

s/ Paul E. Werner PAUL E. WERNER (MD Bar) Trial Attorney, Torts Branch UN IT E D STATES DEPARTMENT OF JUSTICE Torts Branch, Civil Division P.O. Box 7146 Ben Franklin Station Washington, D.C. 20044 [phone] (phone) [phone] (fax) [e-mail]

Attorneys for Defendant Congressman John Murtha and the United States

CERTIFICATE OF SERVICE I hereby certify that on July 13, 2009, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following:

Noah Geary Washington Trust Building Suite 225 Washington, PA 15301 [phone] [e-mail]

Dated: July 13, 2009

s/ Paul E. Werner PAUL E. WERNER (MD Bar) Trial Attorney, Torts Branch UN IT E D STATES DEPARTMENT OF JUSTICE Torts Branch, Civil Division P.O. Box 7146 Ben Franklin Station Washington, D.C. 20044 [phone] (phone) [phone] (fax) [e-mail]