Opinion
Civil Action 2:17-cv-123-TBM-MTP
02-01-2022
GABINO RAMOS HERNANDEZ PLAINTIFF v. PHILLIP CAUSEY and THE UNITED STATES OF AMERICA DEFENDANTS
ORDER DENYING MOTION TO DISMISS WITHOUT PREJUDICE
TAYLOR B. McNEEL UNITED STATES DISTRICT JUDGE
This matter is before the Court on the Government's Motion to Dismiss [111]. At the status conference held in this matter on February 1, 2022, the parties discussed the status of Mr. Causey's deployment, case management, and the Motion to Dismiss. The Government also requested the opportunity to address whether an additional negligence claim has been raised by the Plaintiff and is cognizable. The Government's Motion to Dismiss is therefore denied without prejudice. The Government may renew its Motion and address any other negligence claims plead by the Plaintiff. The Government may rely on the briefs previously filed with the Court with regard to the arguments previously presented in the Motion to Dismiss [111].
IT IS THEREFORE ORDERED AND ADJUDGED that the Government's Motion to Dismiss [111] Hernandez' tortious supervision and training claim for lack of subject matter jurisdiction is DENIED without prejudice.
IT IS FURTHER ORDERED AND ADJUDGED that the Government may renew its motion to dismiss by February 16, 2022.