United States District Court, E.D. Pennsylvania
June 24, 2015
BRANDI BOOKER, Administrator, Estate of Elaine Booker
UNITED STATES OF AMERICA
JUAN R. SNCHEZ, District Judge.
AND NOW, this 24th day of June, 2015, for the reasons set forth in the accompanying Memorandum, it is ORDERED Defendant United States of America's Motion for Summary Judgment (Document 42) is GRANTED insofar as the above-captioned case is DISMISSED for lack of subject matter jurisdiction based on Plaintiff's failure to comply with the requirements of 28 U.S.C. § 2675(a). The dismissal is without prejudice to Plaintiff's right to return to federal court after filing a new administrative claim with the United States Department of Health and Human Services and receiving a notice of final denial of such claim, consistent with the time limitations set forth in 28 U.S.C. §§ 2401(b) and 2769(d)(5).
Upon Plaintiff's filing of a new federal-court action, the parties shall submit a stipulation providing that the evidence presented in this case shall become part of the record in the later-filed action, as agreed by the parties in conjunction with the final pretrial conference on May 26, 2015. The stipulation shall allow the parties to preserve all defenses and appellate rights.