McMellon v. United States

ORDER

GOODWIN, District Judge.

Now pending is the United States’s (1) Motion to Dismiss for Lack of Subject Matter Jurisdiction; or in the Alternative, Motion for Summary Judgment; (2) Motion to Preclude the Expert Testimony of John Deck, III; and (3) Motion to Strike John Deck’s Report. For the reasons discussed below, the court DENIES the United States’s Motion to Dismiss, and GRANTS the Motion for Summary Judgment. The court DENIES the United States’s Motion to Preclude Expert Testimony and Motion to Strike as moot.

I. FACTUAL BACKGROUND

On August 5, 1999, plaintiffs were injured when their…