Anato et al v. Barney et al, No. 4:2012cv00103 - Document 40 (D. Mont. 2013)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS: 1) The United States' 27 Motion to Substitute is GRANTED; 2) The United States' 27 Motion to Dismiss is GRANTED; 3) Count 3 of the First Amended Complaint is DISMISSED without prejudice for lack of jurisdiction as the Federal Court of Claims has exclusive jurisdiction over contract claims against the United States exceeding $10,000; 4) Count 9 of the First Amended Complaint is DISMISSED with prejudice because the United States is i mmune from liability for constitutional torts; 5) Counts 2, 5, 6, 7, 8, 10, 11 and 15 of the First Amended Complaint are DISMISSED without prejudice for lack of jurisdiction as Plaintiffs have failed to exhaust their administrative remedies as requir ed by 28 U.S.C. 2675(a); 6) Counts 16, 17, 18, 19 and 20 of the First Amended Complaint are DISMISSED without prejudice for failure to state a claim upon which relief can be granted; 7) Counts 1, 12 and 14 of the First Amended Complaint are DISMISSED with prejudice, as time-barred; 8) Plaintiff's 25 Motion for Preliminary Injunction is DENIED; 9) Plaintiffs' demand for a jury trial is DENIED with respect to all claims against the United States; and, 10) On or before 7/12/13, Plaintiffs shall submit a report with the Court. SEE ORDER FOR FULL DETAILS. Copy of Order mailed to Pro Se Plaintiffs. Signed by Judge Sam E Haddon on 6/27/2013. (SLR, )