Young v. United States Department of Agriculture et al
| Harry T. Young |
| United States Department of Agriculture, Tom Vilsack, Joseph Wathen, Jr., Pearlie Reed, Lloyd Wright, Carl Ruiz-Martin, Joe Leonard, United States Department of Justice, Eric Holder and Mike Spalding |
| 4:2010cv00074 |
| May 24, 2010 |
| US District Court for the Western District of Kentucky |
| Owensboro Office |
| Daviess |
| Joseph H. McKinley |
| All Other Real Property |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
79
MEMORANDUM OPINION AND ORDER (1) Defendants motion for substitution of the United States as a party 67 is GRANTED IN PART. The United States is substituted as a party for the negligent retention claim. (2) Defendants Motion to Dismiss 68 is GRA NTED IN PART AND DENIED IN PART. The claims for fraud and malicious prosecution against Defendants Spalding and Wathen continue pending an evidentiary hearing to be held at a later date. (3) An evidentiary hearing will be held to determine whether Defendants Spalding and Wathen were working within the scope of their employment when they allegedly committed the state-law torts of fraud and malicious prosecution. The Court shall schedule the hearing following the telephonic conference on September 29, 2011. Signed by Chief Judge Thomas B. Russell on 9/28/11. cc:counsel (JBM)
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Filing
54
MEMORANDUM OPINION AND ORDER denying 30 Motion to Dismiss. Signed by Chief Judge Thomas B. Russell on 3/10/11. cc:counsel (JBM)
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