James et al v. United States of America

Filing 11

ORDER GRANTING STIPULATION FOR UNITED STATES' MOTION TO DISMISS AND STAYING OTHER PROCEEDINGS - granting 7 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Stanley A. Bastian. (CC, Case Administrator)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF WASHINGTON

8
9 NOELLE C. JAMES, individually and as
10 Attorney in Fact for THEADA MARIE

No. 2:15-cv-03186-SAB

11 GIBBINS, an Incapacitated Person,
12 KENNETH W. GIBBINS, PAMELA

ORDER GRANTING

13 JONES, MERRY ANNE NORDBERG,

STIPULATION FOR UNITED

14 and KIM L. BAILEY,

STATES’ MOTION TO DISMISS

15

Plaintiffs,

AND STAYING OTHER

16

v.

PROCEEDINGS

17 United States of America,
Defendant.

18
19
20

The parties have filed a Stipulation for Entry of Order Granting United

21 States’ Motion to Dismiss and Stay, ECF No. 10. In accordance with Rule 41(a)(1)
22 and the joint wishes of the parties, the above-captioned case is dismissed without
23 prejudice and without costs and attorneys’ fees to any party in regards to Plaintiff
24 Theada Marie Gibbins. The case is hereby stayed in regards to the remaining
25 Plaintiffs until Mrs. Gibbins’ Federal Court of Claims case is resolved.
26 //
27 //
28
ORDER GRANTING STIPULATION FOR UNITED STATES’ MOTION
TO DISMISS AND STAYING OTHER PROCEEDINGS ^ 1

1

Accordingly, IT IS HEREBY ORDERED:

2

1. The parties’ Stipulation for Entry of Order Granting United States’

3 Motion to Dismiss and Stay, ECF No. 10, is GRANTED.
4

2. The United States’ Motion to Dismiss, ECF No. 7, is GRANTED. Mrs.

5 Gibbins’ claim is dismissed without prejudice, pending resolution and
6 exhaustion of her case before the Federal Court of Claims under the National
7 Vaccine Injury Compensation Program.
8

3. The remaining claims for loss of consortium under the Federal Tort

9 Claims Act for Plaintiffs Kenneth W. Gibbins, Noelle C. James, Pamela Jones,
10 Merry Anne Nordberg, and Kim L. Baily are STAYED pending the resolution of
11 Mrs. Gibbins’ claim through the National Vaccine Injury Compensation Program.
12

4. The Plaintiffs shall notify this Court if and when Mrs. Gibbins’ claim

13 through the National Vaccine Injury Compensation Program has been exhausted
14 or resolved. Plaintiffs’ counsel will move to lift the stay, and separately move to
15 add Mrs. Gibbins as a named party to the renewed case, if this Court has
16 jurisdiction at that point under the Vaccine Act, 42 U.S.C. § 300aa-1 et seq.
17

5. Any pending motions are dismissed as moot.

18

6. All trial dates and deadlines are stricken.

19

IT IS SO ORDERED. The District Court Executive is hereby directed to

20 file this Order and provide copies to counsel.
21

Dated this 12th day of April, 2016.

22
23
24
25
26
27

Stanley A. Bastian

United States District Judge

28
ORDER GRANTING STIPULATION FOR UNITED STATES’ MOTION
TO DISMISS AND STAYING OTHER PROCEEDINGS ^ 2