Erickson v. United States Army Corps of Engineers
||Justin Erickson and Jennifer Erickson
||United States Army Corps of Engineers
||April 24, 2013
||US District Court for the District of Nebraska
||8 Omaha Office
||John M. Gerrard
||Cheryl R. Zwart
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1391 Personal Injury
|Jury Demanded By:
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|March 25, 2014
MEMORANDUM AND ORDER - The Corps' Motion to Dismiss, or in the Alternative, for Summary Judgment, and Motion to Substitute United States of America as the Sole Defendant (case no. 8:13-cv-133, filing 13; case no. 8:13-cv-134, filing 13 ) is g ranted in part, and denied in part, as follows: a. The Corps' motion to substitute is granted. The Corps will be dismissed as a defendant, and the United States shall be substituted in its place. b. The United States' motion to dismiss on jurisdictional grounds is granted, c. The United States' motion for summary judgment is denied as moot. The plaintiffs' complaints (case no. 8:13-cv-133, filing 1; and case no. 8:13-cv-134, filing 1 ) are dismissed, without prejudice. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (GJG)
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