Wang v. OPM et al

Filing 38

ORDER signed by Judge Lynn Adelman on 6/1/16 denying 33 Motion for New Summary Judgment. (cc: all counsel, via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DARSAN WANG,
Plaintiff,
v.

Case No. 15-C-0591

UNITED STATES OF AMERICA,
Defendant.

ORDER
In May 2015, Darsan Wang, a former federal employee, commenced this lawsuit
against the United States, alleging that the Office of Personnel Management made a
mistake with respect to his life-insurance benefits. In November 2015, I granted the
defendant’s motion for summary judgment, concluding that the plaintiff had failed to
exhaust his administrative remedies and therefore could not proceed on a claim under
the Federal Tort Claims Act. I dismissed the case without prejudice so that the plaintiff
could exhaust his administrative remedies and file a new lawsuit.
On April 19, 2016, the plaintiff filed a motion “for a new summary judgment.” In
this motion, the plaintiff asks me to reinstate the case. However, he does not clearly
explain why he thinks the case should be reinstated. Perhaps the plaintiff means to
seek relief under Federal Rule of Civil Procedure 60(b) from the final judgment. If that is
so, however, the motion must be denied because the plaintiff has not identified any
grounds that would justify such relief.
On the other hand, perhaps the plaintiff means to inform the court that, after the
judgment dismissing this case was entered, he exhausted his administrative remedies,
and that he believes he may now proceed with his claim on the merits. However, if that

is so, the plaintiff must file a new lawsuit. The present case has been dismissed, and
judgment was entered. As discussed, none of the grounds for relieving a party from a
final judgment are present. Thus, if the plaintiff believes that he has exhausted his
administrative remedies, his only option is to file a new lawsuit.
Accordingly, IT IS ORDERED that the plaintiff’s “motion for a new summary
judgment” is DENIED.
Dated at Milwaukee, Wisconsin, this 1st day of June, 2016.
s/ Lynn Adelman
_______________________________
LYNN ADELMAN
District Judge

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