Shipley Ex Rel. Shipley v. U.S. Postal Service

MEMORANDUM OPINION

BULLOCK, District Judge.

On January 30, 2003, Plaintiff Rose Shipley filed suit individually and on behalf of her minor child, Plaintiff Kenzie L. Shipley, against the United States Postal Service (the “USPS”) and Thomas Anton Fiala (“Fiala”) under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. (the “FTCA”). Pursuant to the provisions of 28 U.S.C. §§ 2679(b)(1) and (d), the claims set forth in Plaintiffs’ complaint against Fiala were dismissed, and the United States of America was substituted in his place as defendant. 1 Before the court is Defendants’ motion to…