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Lovely v. United States

March 29, 2007

WAYNE G. LOVELY, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.



The opinion of the court was delivered by: Judge Walter Herbert Rice

DECISION AND ENTRY OVERRULING, WITHOUT PREJUDICE, DEFENDANT'S MOTION TO DISMISS (DOC. #7)

In response to Plaintiff's Complaint (Doc. #1), in which he set forth a claim under the Privacy Act, 5 U.S.C. § 552a, the Defendant filed a Motion to Dismiss (Doc. #7). Subsequently, the Plaintiff obtained leave of Court to file his Amended Complaint (Doc. #16), with which he added a claim under the Federal Tort Claims Act. In response to the Privacy Act claim set forth in that amended pleading, the Government has submitted its Second Motion to Dismiss (Doc. #19), which incorporates its briefing on its earlier motion.*fn1 Given that the Defendant's initial motion (Doc. #7) has been superseded by its second motion (Doc. #19), the Court overrules the Defendant's Motion to Dismiss (Doc. #7), without prejudice. In ruling upon Defendant's Second Motion to Dismiss (Doc. #19), the Court will consider the parties' briefing on the initial such motion.

WALTER HERBERT RICE, JUDGE UNITED STATES ...


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