Opinion
Civil Action 23-1614
02-05-2024
FRANK GIORDANO, et al. Plaintiffs v. ANDREW HOHNS, et al. Defendants
ORDER
NITZA I. QUINONES ALEJANDRO JUDGE, UNITED STATES DISTRICT COURT
AND NOW, this 2nd day of February 2024, upon consideration of the United States' (the “Government”) notice of substitution, motion to dismiss, and motion to stay discovery, (ECF 3), Plaintiffs' response in opposition, (ECF 6), the Government's reply, (ECF 8), Plaintiffs' sur-reply, (ECF 11), and the allegations in the complaint, (ECF 1-1), it is hereby ORDERED, for the reasons set forth in the accompanying Memorandum Opinion, that:
1. The Government's substitution for the named individual defendants is proper. Accordingly, Defendants Hohns, Griffin, and Swanson are DISMISSED, with prejudice, from this action, and the United States of America is substituted as the named Defendant in this matter;
2. The Government's motion to dismiss is GRANTED and, pursuant to Federal Rule of Civil Procedure 12(b)(1), this matter is DISMISSED, in its entirety, for lack of subject-matter jurisdiction; and
3. The Government's motion to stay discovery is DENIED, as moot.