Opinion
4:21-CV-01490
08-30-2022
JON CASCELLA, Plaintiff, v. UNITED STATES of AMERICA, Defendant.
ORDER
Matthew W. Brann, Chief United States District Judge
AND NOW, this 30th day of August 2022, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:
1. Defendant's motion (Doc. 44) to dismiss pursuant to Federal Rule of Civil Procedure 12(b) is GRANTED in part and DENIED in part, as follows:
a. Defendant's motion to dismiss under Rule 12(b)(6) is GRANTED as to any official capacity claims against Dr. Schmidt, Yordy, and Foura. Said claims are DISMISSED with prejudice.
b. Defendant's motion to dismiss under Rule 12(b)(1) is DENIED.
2. The Clerk of Court is directed to terminate all defendants except the United States of America.
3. Defendant's motion (Doc. 44) for summary judgment pursuant to Federal Rule of Civil Procedure 56 is DENIED without prejudice.
4. Plaintiff shall have 30 days from the date of this Order to provide evidentiary support regarding administrative exhaustion of his FTCA claims, as explained in more detail in the accompanying Memorandum.
5. Defendant may, if desired, file a response to Plaintiff's supplemental filing described in paragraph 4 above within 14 days of receipt thereof.
6. Following a determination by the Court on the jurisdictional issues in this matter, a case management order shall issue providing the parties with discovery and dispositive motion deadlines. The Court admonishes the parties that discovery in this matter should be ongoing. See LOCAL RULE OF COURT 5.4.