Fountain v. United States of America et al
| Cory R. Fountain |
| United States of America, United States Department of Agriculture and Anwar M. Karim |
| 8:2013cv00255 |
| March 13, 2013 |
| US District Court for the Northern District of New York |
| Plattsburgh Office |
| Clinton |
| Norman A. Mordue |
| Randolph F. Treece |
| Motor Vehicle |
| 28 U.S.C. ยง 1346 Tort Claim |
| Plaintiff |
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Filing
162
JUDGMENT in favor of United States Department of Agriculture against Cory R. Fountain. (khr)
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Filing
161
MEMORANDUM-DECISION AND ORDER: ORDERED in Fountain v. United States of America, United States Department of Agriculture, and Karim (Fountain v. United States), 8:13-CV-255, that Karims cross-claim (Dkt. No. 52), seeking defense and indemnificatio n by the United States, and his motion/petition (Dkt. No. 55) demanding certification under 28 U.S.C. § 2679(d)(3), are dismissed for lack of subject-matter jurisdiction; and it is further ORDERED that Karims motion (Dkt. No. 73) for declarator y judgment/certification in Fountain v. United States, 8:13-CV-255, and Karim v. United States of America and Thomas Vilsack as Secretary of the United States Department of Agriculture (Karim v. United States), 3:14-CV-964, is denied without prej udice; and it is further ORDERED that the United States motion (Dkt. No. 75) for summary judgment is granted without prejudice; and it is further ORDERED that Fountains cross-motion (Dkt. No. 79) for partial summary judgment on the issue of liabil ity in Fountain v. United States, 8:13- CV-255, and Karim v. United States, 3:14-CV-964, is denied without prejudice to an action in New York State courts; and any relief Fountain seeks against the United States in either case is denied for lack of subject-matter jurisdiction; and it is further ORDERED that the Court declines to exercise supplemental jurisdiction over Fountains state-law claims and they are dismissed without prejudice to an action in New York State courts; and it is further ORDERED that the actions Fountain v. United States, 8:13-CV-255, and Karim v. United States, 3:14-CV-964, are dismissed for lack of subject-matter jurisdiction. IT IS SO ORDERED. Signed by Senior Judge Norman A. Mordue on 7/19/2018. (khr)
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Filing
101
MEMORANDUM-DECISION and ORDER. ORDERED that Karim's cross claim, Dkt. No. 52 , and his motion demanding certification, Dkt. No. 55 , are DENIED and dismissed for lack of subject-matter jurisdiction; ORDERED that Karim's motion for declar atory judgment, Dkt. No. 73 , is DENIED; ORDERED that all claims against the United States and U.S. Department of Agriculture in 8:13-cv-255, are dismissed for lack of subject-matter jurisdiction; and ORDERED that the United States' motion, Dkt . No. 75 , to dismiss 3:14-cv-964, for lack of subject matter jurisdiction is GRANTED, and the case is dismissed in its entirety on the merits; ORDERED that Fountain's cross-motion, Dkt. No. 79 , for partial summary judgment in 8:13-cv-255, is DENIED without prejudice to an action in New York States courts; and any relief Fountain seeks against the United States in either 8:13-cv-255 or 3:14-cv-964 is DENIED with prejudice. ORDERED that the Clerk of the Court is directed to close both cases. Signed by Senior Judge Norman A. Mordue on 9/23/2015. (lah)
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Filing
59
DECISION and ORDER re 51 Status Report filed by United States of America and United States Department of Agriculture, 58 Response to Letter Brief filed by Anwar M. Karim. Karim seeks an additional deposition to support his petition and pr ospective motion for declaratory relief. The requested additional deposition pertains solely to the scope of employment. Determining the scope of employment here is a depositive decision which rests solely with a district judge as opposed to a magistrate judge. See Dkt. No. 50 . The Court DENIES Karim's application as premature and outside the Court's province to grant at this time. Signed by Magistrate Judge Randolph F. Treece on 9/30/2014. (lah)
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