Pagel v. United States

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

INFANTE, United States Magistrate Judge.

I. INTRODUCTION

Defendant United States of America moves, pursuant to Fed.R.Civ.P. 56, for summary judgment, and, in the alternative, for summary adjudication on Plaintiffs’ First Amended Complaint. Defendant’s motion for summary judgment is based on the claim that the Court lacks subject matter jurisdiction because Plaintiffs failed to exhaust their administrative remedies under the Federal Tort Claims Act. Defendant’s alternative motion for summary adjudication, which is directed to Plaintiff Karen…