Freeman v. Busch

ORDER

LONGSTAFF, Chief Judge.

THE COURT HAS BEFORE IT defendant Scott Busch’s motions for summary judgment and to dismiss for lack of subject matter jurisdiction, both filed December 3, 2001. Plaintiff resisted the motion to dismiss on December 27, 2001 and the motion for summary judgment on January 4, 2002. On January 16, 2002, Busch filed a reply memorandum in support of his motion for summary judgment. The motions are fully submitted.

I. BACKGROUND

The following facts either are not in dispute or are viewed in a light most favorable to plaintiff. 1 At all times material to the present action,…