Mayo et al v. Department of Veterans Affairs et al

Filing 21

ORDER ON PENDING MOTIONS - granting 17 Plaintiff's Motion for Extension of Time; granting 18 Plaintiff's Motion to Amend. ; denying 19 Plaintiff's Motion for Extension of Time by Judge Ricardo S Martinez.(MD, cc to pltf)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ELEANOR MAYO, personal representative of
the Estate of Richard V. Mayo, Sr.,
CASE NO. C11-1115RSM

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Plaintiff,
ORDER ON PENDING MOTIONS

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v.
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UNITED STATES OF AMERICA,
Defendant.

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The Court, having considered plaintiff’s various pending motions, does now find and ORDER:

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(1) Motion to Extend Time for Service (Dkt. # 17)

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Plaintiff’s ex parte motion to extend the time for service upon defendant is GRANTED. Plaintiff

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shall have until February 1, 2012, to serve the United States in this matter.

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(2) Motion to Amend Tort Claim (Dkt. # 18)

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Plaintiff’s ex parte motion to amend her tort claim to increase the amount of damages is

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GRANTED pursuant to Fed.R.Civ.P. 15(a)(1). This ruling does not constitute a determination that it is

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proper under 28 U.S.C. § 2675(b), and the amendment remains subject to challenge by defendant.

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ORDER - 1

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(3) Motion to Extend time to Show Merits of Claim (Dkt. # 19)

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Plaintiff’s ex parte motion “to extend the time of application for court appointed counsel to show

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merits of claim” is DENIED. Plaintiff’s motion for appointment of counsel was denied upon the

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recommendation of the Screening Committee for the Pro Bono Panel, established by General Order 10-

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05 and amended August 12, 2010. It is not subject to reconsideration absent a change in circumstances

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which overcomes the reasons for original denial of the request.

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DATED this 22 day of November 2011.

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A

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER - 2