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14-386 - DRAKE v. UNITED STATES OF AMERICA


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14-386 - DRAKE v. UNITED STATES OF AMERICA
August 1, 2016
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Order Discussing Renewed Motion to Amend - Plaintiff Michael Drake's proposed Second Amended Complaint is understood by the Court to be Mr. Drake's renewed motion to amend. As so understood, this motion 48 is granted in part and denied in part. The statute of limitations bars Mr. Drake's proposed claim against Mr. Rupska. Accordingly, the motion to amend the complaint to add Court Four is denied. The clerk is directed to terminate Andrew Rupska as a defendant on the docket. The motion to amend is granted to the extent that the following claims pursuant to the FTCA against the United States shall proceed in this action: 1) assault; 2) battery; 3) negligent hiring, training, supervision and retention of employees. The United States shall respond to the Second Amended Complaint consistent with Rule 15(a)(3) of the Federal Rules of Civil Procedure. (See Order.) Signed by Judge Jane Magnus-Stinson on 8/1/2016.(BRR)