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O'CONNER v. U.S.

No. 2:11-cv-02803-GEB-CMK.

CYNTHIA O'CONNER, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

United States District Court, E.D. California.

June 3, 2013.

Attorney(s) appearing for the Case

Cynthia O'Conner, Plaintiff, represented by Stewart C. Altemus , Altemus & Wagner.

United States of America, Defendant, represented by Lynn Trinka Ernce , United States Attorney's Office Civil Division/Defensive Litigation.

DISMISSAL ORDER

GARLAND E. BURRELL, Jr., Senior District Judge.

Defendant seeks dismissal with prejudice of Plaintiff's Complaint for lack of subject matter jurisdiction under Federal Rule of Civil Procedure ("Rule") 12(h)(3), arguing Plaintiff failed to satisfy certain jurisdictional requirements of the Federal Tort Claims Act ("FTCA"). (Def.'s Mot. to Dismiss ("Def.'s Mot."), ECF No. 16.) Specifically, Defendant argues:

[P]laintiff prematurely...

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