Appleton v. United States

MEMORANDUM OPINION

URBINA, District Judge.

Granting the Motion to Dismiss as to Count 1 and Count 3; Denying the Plaintiffs Motion for Summary Judgment as to Count 1 and Count 3;

Denying the Motion to Dismiss as to Count 2; Denying without Prejudice the Plaintiffs Motion for Summary Judgment as to Count 2 Ordering Discovery Related to Count 2

I. INTRODUCTION

This matter is before the court upon the defendant’s motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) and the plaintiffs motion for summary judgment. The plaintiff, John M. Appleton, filed a…