Jones v. United States of America et al, No. 1:2017cv00138 - Document 12 (D. Utah 2018)

Court Description: MEMORANDUM DECISION AND ORDER granting 8 Motion to Stay pending final decision of the Secretary of Labor. Signed by Judge David Nuffer on 5/8/18 (alt)
Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH DANIEL JONES, MEMORANDUM DECISION AND ORDER GRANTING STAY Plaintiff, v. Case No. 1:17-cv-00138-DN UNITED STATES OF AMERICA; and GEROALD STRINGER, in his official and individual capacity, Defendants. District Judge David Nuffer The United States, through its counsel, moved to hold this matter in abeyance while Plaintiff pursues a Federal Employee’s Compensation Act, 5 U.S.C. § 8101, et seq. claim (“FECA”).1 In the Complaint, Plaintiff asserts a claim for relief pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671,1331 and 1346(b), as a result of injuries sustained in a car crash that occurred on July 15, 2015, on Hill Air Force Base.2 At the time of the incident, Plaintiff “was a federal employee acting within the scope of his federal employment” and therefore his exclusive remedy is FECA.3 At the time the Motion to Stay was filed, Plaintiff had not filed a FECA claim with the Department of Labor.4 Plaintiff does not oppose the Motion to Stay.5 Based on the foregoing and for good cause appearing; 1 Motion to Hold Matter in Abeyance (“Motion to Stay”), docket no. 8, filed December 26, 2017. 2 Complaint, ¶¶ 4, 8-12, docket no. 2, filed August 28, 2017. 3 Id. at 1. 4 Id. 5 Plaintiff’s Response to Defendant’s Motion to Hold Matter in Abeyance, docket no. 10, filed January 10, 2018. IT IS HEREBY ORDERED that the Motion to Stay6 is GRANTED. This case is STAYED pending final decision of the Secretary of Labor regarding coverage for Plaintiff’s claims under the FECA. Dated May 8, 2018. BY THE COURT: ____________________________ David Nuffer United States District Judge 6 Docket no. 8, filed December 26, 2017. 2