Reed

ORDER GRANTING DEFENDANT UNITED STATES’ MOTION FOR SUMMARY JUDGMENT

Plaintiff Daniel Reed (“Reed”) brought this action against a number of defendants alleging that their negligence resulted in injuries he suffered when a car ran over the tent in which he was sleeping. Among the defendants Reed named in the complaint is the United States Department of the Interi- or, Bureau of Land Management (the “BLM”), sued under the Federal Tort Claims Act, 28 U.S.C. § 2671 , et seq. (“FTCA”). The United States now moves for summary judgment on the grounds that the Court lacks subject matter jurisdiction over the action under the discretionary function exception (“DFE”) to the FTCA, 28 U.S.C. § 2680 (a). For the reasons set forth below, the Court GRANTS the United States’ motion.

I. BACKGROUND

Each year from 1992 to 1996, organizers of an event known as Burning Man applied for and received a special recreation permit from the BLM. The permit allowed Burning Man organizers and participants to enter and use certain federally-owned land for them performance arts festival. The event usually lasted several days. In 1996, the five-day Burning Man event was held in the Black Rock desert playa of…