Clehm v. BAE Systems Ordinance Systems, Inc. et al

Filing 188

ORDER denying 185 Motion to Dismiss, estopping Linkous from contesting liability as to the state law assault and battery claim alleged against him in Count II of the Second Amended Complaint. The Clerk is directed to schedule a one-day jury trial as to damages only as set forth in the order. Signed by Chief Judge Michael F. Urbanski on 4/6/18. (sas)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
CARLA A. CLEHM

Plaintiff,

v.
BAE SYSTEMS ORDNANCE
SYSTEMS, INC., et al.

Defendants.

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CLERK'S OFFICE

u.s. DIST. COURT

AT ROANOKE, VA
FILED

APR 06 2018

Case No. 7:16-cv-00012

By: Hon. Michael F. Urbanski
Chief United States District Judge

ORDER
For the reasons set forth in the accompanying Memorandum Opinion entered this
day, it is hereby ORDERED as follows:
1. Defendant Joshua Linkous's motion to dismiss (ECF No. 185) is DENIED.

2. Linkous is estopped from contesting liability as to the state law assault and battery
claim alleged against him in Count II of the Second Amended Complaint. See 18 U.S. C. §
3664(~.

As such, judgment will be entered in Clehm's favor as to this sole remaining claim.

3. The Clerk is directed to work with counsel and the Bureau of Prisons to schedule a
one-day jury trial as to damages only. Defendant shall appear via videoconference from FCI
Butner, where he is currently being housed.
It is SO ORDERED.

The Clerk is directed to send a certified copy of this Order and the accompanying
Memorandum Opinion to counsel of record and to pro se defendant Joshua Linkous, #
18904-084, FCI Butner, P.O. Box 999, Butner,

C 27509.

E ntered:

6 l( _ 0 t, --- 2o / ~

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ChiefUnited tates DistrictJudge

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