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Youlo v. United States

United States District Court, Third Circuit

August 21, 2013

FAMATTA YOULO
v.
UNITED STATES OF AMERICA

MEMORANDUM

R. BARCLAY SURRICK, Judge.

Presently before the Court is Defendant United States of America's Motion to Dismiss or, Alternatively, for Summary Judgment. (ECF No. 9.) For the following reasons, the Motion will be granted.

I. BACKGROUND

This case arises as a result of automobile accident between Plaintiff Famatta Youlo and a United States Postal Service ("USPS") driver, William Slaughter, on December 20, 2009. (Compl. ¶ 7, ECF No. 1.)[1] Plaintiff sustained injuries in the accident. (Compl. ¶ 14.) On January 15, 2010, the USPS received Plaintiff's completed damage claim form, Standard Form 95 ("SF-95"), demanding $550, 000 as a result of the accident. (Bjurstrom Decl. Ex. A ("SF-95"), Gov't's Br. Ex. 1, ECF No. 9.)[2] After receiving the SF-95 from Plaintiff, the USPS investigated Plaintiff's claim, and on February 9, 2011, sent Plaintiff's counsel a letter offering an amount to settle the claim. (Bjurstrom Decl. Ex. B.) The offer letter was sent to Plaintiff's counsel, Brett Batoff, at Two Penn Center, 1500 John F. Kennedy Blvd., Suite 1060, Philadelphia, PA 19102. ( Id. ) Plaintiff rejected the USPS's settlement offer in a letter from her counsel dated March 24, 2011. (Bjurstrom Decl. Ex. B.) On June 6, 2011, the USPS sent a claim denial letter to Plaintiff's counsel by certified mail. (Bjurstrom Decl. Ex. D.)[3] The claim denial letter was addressed to Plaintiff's counsel at the same address used for the March 24, 2011 settlement offer letter. ( Id. ) The letter stated that Plaintiff had six months from the date of the mailing of the claim denial letter to file suit against the United States. ( Id. ) The certified mail delivery receipt confirms that the claim denial letter was delivered to Plaintiff's counsel's office on June 9, 2011. (Bjurstrom Decl. Ex. E; see also Gov't's Reply Ex. D, ECF No. 12.) Plaintiff did not request reconsideration of the USPS claim denial. (Gov't's Br. 4.)

Plaintiff filed the Complaint on June 4, 2012, almost a year after the denial notice was mailed to Plaintiff's counsel. (Compl.) On September 7, 2012, the United States filed a Motion to Dismiss, or Alternatively, for Summary Judgment. (Gov't's Mot., ECF No. 9; see also Gov't's Br.) On September 24, 2012, Plaintiff filed a Response in opposition to the Motion. (Pl.'s Resp., ECF No. 10.) On October 19, 2012, the United States filed a Reply. (Gov't's Reply.)

II. LEGAL STANDARD

Defendant moves to dismiss the Complaint under Rule 12(b)(6) or, in the alternative, for summary judgment under Rule 56.[4] Both parties submitted multiple exhibits with their pleadings, including correspondence, affidavits, and the Plaintiff's SF-95. Rule 12 of the Federal Rules of Civil Procedure advises that when matters outside of the pleadings are considered on a motion to dismiss under Rule 12(b)(6), "the motion should be treated as one for summary judgment under Rule 56." Fed.R.Civ.P. 12(d); see also Hughes v. United States, 263 F.3d 272, 278 (3d Cir. 2001) (advising that a summary judgment standard should be used when the court considers memoranda, affidavits, and exhibits on a motion to dismiss); Gordon v. Pugh, No. 05-1856, 2006 U.S. Dist. LEXIS 66929, at *2-3 (M.D. Pa. Sept. 19, 2006) (applying summary judgment standard to a motion where the parties asked the court to consider supplemental documentation attached to the motion). Since consideration of the exhibits attached to the pleadings is necessary to decide the issues before us, we will apply a summary judgment standard to the United States' Motion.

Under Rule 56(a), summary judgment is proper "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). "[T]his standard provides that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). Where the nonmoving party bears the burden of proof at trial, the moving party may identify an absence of a genuine issue of material fact by showing the court that there is no evidence in the record supporting the nonmoving party's case. Celotex Corp., 477 U.S. at 322; UPMC Health Sys. v. Metro. Life Ins. Co., 391 F.3d 497, 502 (3d Cir. 2004). If the moving party carries this initial burden, the nonmoving party must set forth specific facts showing that there is a genuine issue for trial. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (noting that the nonmoving party "must do more than simply show that there is some metaphysical doubt as to the material facts"). The nonmoving party may not avoid summary judgment by relying on speculation or by rehashing the allegations in the pleadings. Ridgewood Bd. of Educ. v. N.E. for M.E., 172 F.3d 238, 252 (3d Cir. 1999). "Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial.'" Matsushita, 475 U.S. at 587 (quoting First Nat'l Bank of Ariz. v. Cities Serv. Co., 391 U.S. 253, 289 (1968)). "We must construe the evidence in favor of the non-moving party, and summary judgment must be denied if there exists enough evidence to enable a jury to reasonably find for the nonmovant on the issue.'" Brown v. J. Kaz, Inc., 581 F.3d 175, 179 (3d Cir. 2009) (quoting Giles v. Kearney, 571 F.3d 318, 322 (3d Cir. 2009)).

III. DISCUSSION

A. The Parties' Contentions

The United States argues that Plaintiff's claim must be dismissed since it was not filed within the applicable six-month statute of limitations. Under 28 U.S.C. § 2401(b), a federal tort claim such as Plaintiff's claim is barred unless the claim is filed in a district court within six months after the notice of denial is mailed. 28 U.S.C. § 2401(b). The United States offers the certified mail delivery confirmation showing that the USPS sent the claim denial on June 6, 2011. The United States contends that since Plaintiff waited almost a year to file the Complaint, her claims are barred by § 2401.

Plaintiff responds that her claims are not time-barred because she never received the claim denial notice. (Pl.'s Resp. 3.) Specifically, Plaintiff argues that the United States failed to meet its burden of demonstrating that the claim denial notice was in fact sent to Plaintiff since it failed to attach the executed signature card portion of the certified mail delivery receipt. ( Id. ) Plaintiff offers the affidavit of her legal counsel, Brett Batoff, who claims that (1) he never received the claim denial notice, (2) no agent in his office received the claim denial notice, and (3) mail addressed to him is sometimes mistakenly delivered to other offices within his office building. (Batoff Decl., Pl.'s Resp. Ex. G.)

B. Legal Analysis

Generally, "the United States enjoys sovereign immunity from suits and, accordingly, may be sued only if it has waived that immunity." Beneficial Consumer Disc. Co. v. Poltonowicz, 47 F.3d 91, 93-94 (3d Cir. 1995). The Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671, et seq., "constitutes a waiver of sovereign immunity." Livera v. First Nat'l State Bank of N.J., 879 F.2d 1186, 1194 (3d Cir. 1989). As a prerequisite to bringing suit against the United States under the FTCA, the Act requires the plaintiff to first present a claim to the relevant federal agency. 28 U.S.C. § 2675(a). The claim must be filed within two years after it accrues. 28 U.S.C. § 2401(b). Thereafter, the plaintiff has "six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented" to file a lawsuit in federal court. Id .; see also 28 C.F.R. § 14.9(a) ("Final denial of an administrative claim shall be in writing and sent to the claimant, his attorney, or legal representative, by certified or registered mail."). Prior to expiration of the six-month limitations period, a plaintiff may, in lieu of filing suit, request ...


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