Opinion
Civil Action 21-cv-01687-CNS-MDB
08-26-2022
JOSE ARROYO HEATHER BOEHM SAMUEL CORDO AMBER MILLER Plaintiffs v. ALEXANDER HALL JOSHUA MOORE TIMOTHY HOLCOMB DUSTIN ROSS CHAD WEISE ANDREW PRIVETT UNITED STATES OF AMERICA Defendants
Tod Duncan Genevieve Geiger Kristen Kendall Rachel Ryan Counsel for plaintiffs Thomas Werge Jonathan Abramson Lucas Lorenz Amanda Berndt Jeffrey Nelson Counsel for Defendants
Tod Duncan Genevieve Geiger Kristen Kendall Rachel Ryan Counsel for plaintiffs
Thomas Werge Jonathan Abramson Lucas Lorenz Amanda Berndt Jeffrey Nelson Counsel for Defendants
COURTROOM MINUTES
CHARLOTTE N. SWEENEY JUDGE
ORAL ARGUMENT
Court in Session: 9:00 a.m.
Appearance of counsel. Also present at the plaintiff table is Matthew Douglas.
The Court outlines the scope of today's hearing.
Directed argument as to [169] Motion for Summary Judgment to Set Aside the United States' Westfall Act Certification and Notice of Substitution by Mr. Nelson and Ms. Berndt with questions from the Court.
Directed argument as to [169] Motion for Summary Judgment to Set Aside the United States' Westfall Act Certification and Notice of Substitution by Mr. Duncan with questions from the Court.
ORDERED: Request for additional testimony from the plaintiffs is DENIED.
The Court makes findings of fact, conclusions of law. As outlined on the record it is
ORDERED: Westfall certification is rejected and the substitution of the United States for the defendants on the state law tort claims of intentional infliction of emotional distress and civil conspiracy is hereby STRICKEN. Those claims shall proceed against the individual defendants.
[169] Motion for Summary Judgment to Set Aside the United States' Westfall act Certification and Notice of Substitution is GRANTED.
Court in Recess: 10:04 a.m. Hearing concluded. Total time in Court: 01:04