Opinion
CIVIL ACTION NO. 08-0989.
September 19, 2008
ORDER
AND NOW, this 19th day of Sept, 2008, upon consideration of the United States' Motion to Dismiss with Prejudice or, in the alternative, for Summary Judgment, and Plaintiffs' Response in Opposition thereto, IT IS HEREBY ORDERED that the United States' Motion is denied in part and granted in part. The Motion seeking the United States' dismissal with prejudice and/or summary judgment in favor of the United States is denied. However, the United States is dismissed without prejudice, given the provisions of 28 U.S.C. § 2679(d)(5), among others of the Federal Tort Claims Act. The case is remanded to the Court of Common Pleas of Allegheny County, under its docket number GD 07024692, for further proceedings against the remaining defendants.