Christopher v. United States of America
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|Date Filed||#||Document Text|
|January 11, 2018
MEMORANDUM OPINION and ORDER denying 19 MOTION to Dismiss for Lack of Jurisdiction MOTION for Partial Summary Judgment filed by United States of America; As stated within an essential element of Christopher's claim agai nst the Government turns on whether Smith was, in fact, a federal employee, both for purposes of establishing jurisdiction and for proving the underlying state law tort Christopher seeks to assert through the statute; While the court recognizes the s trength of the Government's argument, Christopher has not yet had an opportunity to develop through discovery the core facts supporting either her claim or this court's jurisdiction; Accordingly, the court DENIES the Government's motion, 19 , without prejudice to refile after the discovery period. Signed by Judge Abdul K Kallon on 1/11/2018. (KBB)
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