Opinion
Case No. C06-05655 RBL
09-21-2011
LAURA AVERY, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.
TROUP, CHRISTNACHT, LADENBURG, McKASY & DURKIN John J. Durkin, WSBA #11349 Attorney at Law Attorney for Plaintiff Laura Avery JENNY A. DURKAN United States Attorney PRISCILLA T. CHAN, WSBA #28533 Assistant United States Attorney Western District of Washington United States Attorney's Office Attorneys for the United States of America
District Judge Ronald B. Leighton
STIPULATION AND ORDER FOR DISMISSAL OF CASE SUBSEQUENT TO LIFTING OF STAY
STIPULATION
On October 31, 2007, this Court held that it was without subject matter jurisdiction over Plaintiff's Complaint pending a determination by the Secretary of Labor as to whether Plaintiff was covered by the Federal Employees Compensation Act ("FECA"), 5 U.S.C. § 8116(c), when her claims arose. See Order at 9 (Dkt. No. 25). The Court then stayed the proceedings pending a decision of FECA coverage by the Secretary of Labor. Id. at 10. On September 27, 2010, the Employment Compensation Appeals Board ("ECAB") held that Plaintiff was a covered employee under FECA during the relevant time period. See ECAB Decision, attached hereto as Exhibit A. Consequently, the parties hereby STIPULATE and AGREE that the Court-imposed stay may be lifted in this matter and the case dismissed for lack of subject matter jurisdiction pursuant to FECA without costs or fees to either party. Respectfully submitted, TROUP, CHRISTNACHT, LADENBURG,
McKASY & DURKIN
John J. Durkin, WSBA #11349
Attorney at Law
Attorney for Plaintiff Laura Avery
JENNY A. DURKAN
United States Attorney
PRISCILLA T. CHAN, WSBA #28533
Assistant United States Attorney
Western District of Washington
United States Attorney's Office
Attorneys for the United States of America
ORDER
The parties having so stipulated it is hereby ORDERED that the stay be lifted and the dismissed with prejudice and without costs or fees to either party.
RONALD B. LEIGHTON
United States District Judge
CERTIFICATE OF SERVICE
I hereby certify that on this date, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the attorney(s) of record for the defendant(s).
John Durkin: jjdurkin@tclmd.com
I hereby certify that I have served the attorney(s) of record for the defendant(s) that are non CM/ECF participants via USPS mail, postage pre-paid.
PRISCILLA T. CHAN
United States Attorney's Office