O
UNITED STATE DISTRICT COURT
msrmcr or conniiicfrtcféptil A
JEFFERY JORDAN, Etta = I 5 I I0w1i.I·i1
UNITED STATE OF AMERICA, J
DEFENDANT. :
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
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Pursuant to Rule 4l(a)(1)(ii) ofthe Federal Rules of Civil Procedure, the Plaintiff Jeffrey `
Jordan, and the Defendant, United State of America, through their undersigned counsel,
respectfully submit this Stipulation of Dismissal of the above-captioned action without prejudice.
The parties stipulate to the dismissal of this action based upon the following:-,
1. On June 3, 2003, the Plaintiff Jeffrey Jordan, commenced this action under the
Federal Tort Claims Act, 28 U.S.C. Section 2671 e_t&1_,("FTCA").
2. On October 20, 2003, Defendant filed a Motion to Dismiss the Complaint on
various grounds, including that the Plaintiffs claims- of governmental negligence are cognizable
under the Civil Service Reform Act of 1978, Pub. L. 950454, 92 Stat. 1111, and the Federal
Employees Compensation Act, 5 U.S.C. § 8101 ], (FECA), and that the applicability of this
legislation operates to divest this Court of jurisdiction to hear Plaintiffs claims under the FTCA.
3. Based on discussions with counsel and this Court, the parties have agreed that in
the interests of judicial economy, this action should be dismissed without prejudice so that a final
FECA determination may be made by the Secretary of Labor. I
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.. · Case 3;03-cv-0652-MRK Document 23 Filed 5/2004 Page 2 of 3
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l 4. Accordingly, the parties agree that this action may be dismissed without
prejudice; that the Plaintiff will reinstate his claim under the FECA; and that this reinstatement
l will relate back to his timely filed claim of June 27, 2001.
5. The parties further agree that following a final FECA determination by the
Secretary of Labor, Plaintiff may reinstate this action in this district court, and that this reinstated
action is subject to any and all defenses which could have been raised by the Defendant in this
proceeding. The Defendant, however, specifically agrees that the defenses which may be raised R
are those that existed at the time of the filing of the Plaintiffs action. The Defendant shall not i
raise any defenses based upon statute of limitations, res judicata or collateral estoppel which I
defenses are based upon the dismissal of this action and its subsequent reinstatement. The l
Defendant shall not be precluded, however, from raising any defenses arising because of any
specific ruling on the Plaintiffs FECA claim.
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ioaonw e sup eaemseeei without prejudice I U 5
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{ E Case 3:03-cv-02982-MRK Document 23 Filed O4/T5/2004 Page 3 of 3 l
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WHEREFORE, the parties, through their undersigned counsel, hereby stipulate to the p
dismissal of this action without prejudice.
Respectfully submitted,
PLAINTIFF, JEFFREY
Kenneth A. Votre, Esq. -_ i
Votre & Associates, P.C. I
201 Orange Street 5
New Haven, CT 06510
(203) 498-0065 N
DEFENDANT, UNITED STATES OF Q
AMERICA
YYL. ’
evin J. O’Connor A
United States Attorney
Lauren M. Nash
Assistant U.S. Attorney
P.O. Box 1824
New Haven, CT 06508
(203) 821-3700
Federal Bar # ct0l705
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JORDAN — stip dismissal without prejudice
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