Moreno

Moreno v. United States of America

Good Law
United States District Court, Southern District of CaliforniaMarch 25, 20223:21-cv-01069California1,642 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 SAMUEL FRANK MORENO, an Case No.: 21-cv-1069-WQH-AGS individual,

ORDER

Plaintiff, 12 v.

UNITED STATES OF

14 AMERICA; and DOES 1 to 50, inclusive, Defendants. HAYES, Judge: The matter before the Court is the Motion to Dismiss Plaintiff’s Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(1) filed by Defendant United States of America. (ECF No. 9). I. PROCEDURAL BACKGROUND On June 8, 2021, Plaintiff Samuel Frank Moreno initiated this action by filing a Complaint against Defendant United States of America, alleging that an employee of Defendant operating a U.S. Postal Service mail-delivery truck “carelessly and negligently struck Plaintiff’s person and bicycle . . . .” (ECF No. 1 ¶ 7). The Complaint brings a single claim for negligence under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671, et seq., requesting monetary damages and costs. 28 On October 18, 2021, Defendant filed a Motion to Dismiss the Complaint for insufficient…

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