Smitherman v. The United States (MAG+)
||Virginia A. Smitherman
||The United States
||October 22, 2010
||Alabama Middle District Court
||Mark E. Fuller
||Terry F. Moorer
|Nature of Suit:
||Tort Product Liability
|Cause of Action:
||28:2679 Federal Tort Claim
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|August 17, 2011
ORDER, JUDGMENT and DECREE of the court that: 1) The plf's 24 Objection to the Recommendation of the Magistrate Judge is overruled; 2) The 23 Amended Report and Recommendation of the Magistrate Judge is adopted; 3) The plf's 22 Motion to Amend the Complaint is DENIED as futile; 4) Dft's 15 Motion to Dismiss is GRANTED and plf's claims are DISMISSED; 5) The 15 Alternative Motion for Summary Judgment is DENIED as moot; 6) Any other outstanding motions are DENIED as moot. Signed by Honorable Judge Mark E. Fuller on 8/17/2011. (wcl, )
|August 17, 2011
FINAL JUDGMENT: it is ORDERED and ADJUDGED that judgment is entered in favor of the dft and against the plf and that this action is dismissed; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Mark E. Fuller on 8/17/2011. (Attachments: # 1 Civil Appeals Checklist) (wcl, )
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