Stout v. United States

MEMORANDUM AND ORDER

ROSENBLATT, District Judge.

Plaintiff is the mother of a then ten year old boy who was injured while climbing a tree on a military housing development. Defendant had filed a Motion To Dismiss, but had included evidence outside the pleadings. Judge Consuelo Marshall refused to consider the motion as one for summary judgment because of the objection of plaintiff’s counsel. She then denied the Motion To Dismiss and defendant was given additional time by the magistrate to file the Motion For Summary Judgment. The Motion For Summary Judgment is the same as the Motion To Dismiss…