Egypt v. United States
- Stewart Aaron
- 1:23-cv-02930
- U.S. District Court · Southern District of New York
- 2
In Egypt v. United States, Judge Clarke adopted a recommendation granting the dismissal motion in part and denying it in part.
Cleopatra Egypt, the United States of America, and the claims involving the Institute for Family Health and Dr. Robert Schiller.
What happened
In Cleopatra Egypt v. United States of America, the court considered a magistrate judge’s recommendation on the United States’ motion to dismiss. The recommendation proposed dismissing all claims in Cleopatra Egypt’s Second Amended Complaint except negligence and medical malpractice claims under the Federal Tort Claims Act based on conduct by the Institute for Family Health and Dr. Robert Schiller.
The recommendation also proposed allowing Cleopatra Egypt to amend her breach-of-contract claim against the United States by giving up any request for more than $10,000. No objections were filed, so Cleopatra Egypt waived the right to object to the recommendation or seek appellate review of it.
Judge Jessica G. L. Clarke reviewed the recommendation and the record, found the recommendation well reasoned and supported by the facts and law, and adopted it in full. The order therefore reflects that the motion was granted in part and denied in part.
The detailed version
- Egypt v. United States · No. 1:23-cv-02930
- Stewart Aaron
- June 28, 2024
Background
The United States moved to dismiss Cleopatra Egypt’s Second Amended Complaint. The motion was referred to Magistrate Judge Aaron for a Report and Recommendation. The recommendation proposed dismissing each claim except Cleopatra Egypt’s negligence and medical malpractice claims under the Federal Tort Claims Act, to the extent those claims were based on conduct by the Institute for Family Health and Dr. Robert Schiller. It also recommended allowing Cleopatra Egypt to amend her breach-of-contract claim against the United States to abandon any request for monetary relief exceeding $10,000.
Objections and Review
The Report and Recommendation gave the parties fourteen days to object and warned that failing to object would waive the right to challenge it. No objections or requests for more time were filed. The court therefore stated that Cleopatra Egypt waived the right to object and to obtain appellate review. Even so, the court reviewed the Report and Recommendation and the record without objections.
Ruling
Judge Jessica G. L. Clarke found the Report and Recommendation well reasoned and grounded in fact and law. The court adopted the Report and Recommendation in its entirety. Accordingly, the motion to dismiss was granted in part and denied in part as described in the recommendation: the specified negligence and medical malpractice claims remained, and Cleopatra Egypt was allowed to amend the breach-of-contract claim as recommended. The Clerk was directed to terminate the motion and mail the order to Cleopatra Egypt.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.