Guzman v. United States Postal Service

Background

This Federal Tort Claims Act case concerns a December 2019 car accident. The United States Attorney’s Office stated that it represents the United States Postal Service and Raymond Polanco, together called the “Government.” The Government had accepted service of the complaint by email on March 17, 2022. Under Federal Rule of Civil Procedure 12(a)(2), it stated that its deadline to answer or otherwise respond was May 16, 2022.

Requested postponement

The Government asked to postpone the initial pretrial conference, scheduled for April 18, 2022, without setting a new date. It stated that it intended to file a motion to dismiss for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). The stated basis was that Guzman allegedly had not adequately presented his claim to the Postal Service before filing the lawsuit, as required by the Federal Tort Claims Act. The Government also said the parties agreed that beginning discovery before the motion was resolved would be premature. Guzman consented to the request.

Ruling

The court ordered the initial pretrial conference postponed until after the Government’s motion is resolved. The text provided does not show that the Government had filed that motion or that the court decided whether the claim satisfied the Federal Tort Claims Act’s presentment requirement. United States Magistrate Judge Robert W. Lehrburger signed the order.

Effect

The ruling concerns the timing of the initial conference and discovery. It does not decide the Government’s proposed jurisdictional challenge or the underlying accident claim.