Pinckney v. United States of America, The
| Jennifer Pinckney |
| United States of America, The |
| 2:2016cv02350 |
| June 30, 2016 |
| US District Court for the District of South Carolina |
| Charleston Office |
| Colleton |
| Richard M Gergel |
| Other Personal Injury |
| 28 U.S.C. ยง 1346 |
| None |
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Filing
69
ORDER granting 125 Joint Motion for Temporary Stay: The Court orders these actions STAYED for 90 days. At the close of 90 days, the parties shall submit a proposed scheduling order. (68) Motion to Stay in case 2:16-cv-02350- MBS; granting (68) Motion to Stay in case 2:16-cv-02351-MBS; granting (68) Motion to Stay in case 2:16-cv-02352-MBS; granting (70) Motion to Stay in case 2:16-cv-02354-MBS; granting (70) Motion to Stay in case 2:16-cv-02355-MBS; granting (125) M otion to Stay in case 2:16-cv-02356-MBS; granting (69) Motion to Stay in case 2:16-cv-02357-MBS; granting (73) Motion to Stay in case 2:16-cv-02358-MBS; granting (70) Motion to Stay in case 2:16-cv-02359-MBS; granting (70) Motion to Stay in case 2:16-cv-02360-MBS; granting (70) Motion to Stay in case 2:16-cv-02378-MBS; granting (70) Motion to Stay in case 2:16-cv-02405-MBS; granting (71) Motion to Stay in case 2:16-cv-02406-MBS; granting (70) Motion to Stay in case 2:16-cv-02407-MBS; gra nting (70) Motion to Stay in case 2:16-cv-02409-MBS; granting (70) Motion to Stay in case 2:16-cv-02746-MBS. Signed by Honorable Margaret B Seymour on 8/16/2021.Associated Cases: 2:16-cv-02356-MBS et al.. Refiled by the Clerk in order to spread order to the related cases. (vdru, )
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Filing
30
ORDER AND OPINION This order relates to all consolidated cases Despite clear evidence of system failures in the federal background check system, it is manifest that under the well-established standards of the FTCA and t he specific immunity provisions contained in Brady Act provide the victims of this tragedy no remedy at law. In exceptional circumstances, Congress may authorize a private bill to provide for compensation to victims where there is no remedy at law. < i>See, e.g., Act for the relief of sixteen employees of the Charleston Naval Shipyard, Private L. No. 98-12, 98 Stat. 3419 (1984) (private bill sponsored by Sen. Strom Thurmond). This is ultimately a determination of Congress. This Court has set forth detailed factual findings that may be of some assistance to Plaintiffs if they wish to petition their Government for a private relief bill. The Government's motion to dismiss is granted. AND IT IS SO ORDERED. (granting (43) Motion to Dismiss in case 2:16-cv-02356-RMG) Signed by Honorable Richard M Gergel on 6/18/2018. Associated Cases: 2:16-cv-02356-RMG et al.(sshe, )
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Filing
24
ORDER AND OPINION The Court GRANTS Plaintiffs' motion for jurisdictional discovery (Dkt. No. (16) in case 2:16-cv-02356-RMG (Lead case)) and DENIES Defendant's motion to dismiss (Dkt. No. (12) in case 2:16-cv-02356- RMG (Lead case)). Defendant's motion to dismiss is DENIED WITHOUT PREJUDICE as to the discretionary-function exception, the argument that Plaintiffs' claims are not actionable under South Carolina law under theories of negligent creation of risk and negligence per se, and is DENIED WITH PREJUDICE as to the misrepresentation exception. The Court ORDERS jurisdictional discovery to be completed by June 1, 2017. Defendant may renew its motion to dismiss regarding the discretionary-f unction exception, negligent creation of risk, and negligence per se after the close of jurisdictional discovery. Pursuant to the Court's consolidation order, the Clerk is directed to terminate all pending motions in related cases. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/23/2017. Associated Cases: 2:16-cv-02356-RMG et al, all pending motions termed.(sshe, )
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| Plaintiff: Jennifer Pinckney | |
| Represented By: | Steven Randall Hood |
| Represented By: | Gedney M Howe, III |
| Represented By: | Gerald Malloy |
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| Defendant: United States of America, The | |
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