D'Alessandro v. United States of America et al
| Giuseppe D'Alessandro |
| United States of America, Michael Chertoff, Janet Napolitano, Michael B. Mukasey, Eric Holder, Jr., Julie L. Meyers, John P. Torres, Michael T. Phillips, Martin Herron, Charles Mule, Sean Gallagher, Earl Delong, Kevin Oetinger, Darrel Crotter, Brenda Bailey and John Does 1-10 |
| 1:2013cv00416 |
| April 26, 2013 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Erie |
| Richard J. Arcara |
| Other Statutory Actions |
| 28 U.S.C. ยง 2671 |
| Plaintiff |
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Filing
67
DECISION AND ORDER rejecting the R&R (Docket No. 57) and granting in part and denying in part the Governments Motion to Dismiss (Docket No. 31) as follows: The Motion to Dismiss is granted to the extent that all individual defendants are dismissed wi th prejudice pursuant to 28 U.S.C. § 2679(b)(1), and the sole remaining defendant is the United States of America. The Motion to Dismiss is granted to the extent that DAlessandro is limited to recovery of no more than $1.8 million, pursuant to 28 U.S.C. § 2675(b), in the event that he prevails on his FTCA claim. The Motion to Dismiss is denied in all other respects. The Complaint (Docket No. 1) is deemed timely filed, and the Government is directed to serve a responsive pleading t o the Complaint within thirty (30) days of the date of entry of this Decision and Order.CLERK TO FOLLOW UP: The Clerk of Court is directed to amend the official caption so as to remove all individual defendants, who are dismissed with prejudice. The sole remaining defendant is the United States of America. Signed by Hon. Michael A. Telesca on 6/18/19. (JMC)-CLERK TO FOLLOW UP-
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