than removal) are properly before this court. Plaintiff's claims, however, are subject to a three-year statute of limitations and therefore only a conspiracy arising out of actions on or after September 19, 1981 is timely. The claims alleged under 42 U.S.C. § 1985(1) & (3) are invalid, as is the Privacy Act claim under 5 U.S.C. § 552a(e)(7) relating to the recording of plaintiff's First Amendment activities. Remaining Privacy Act claims may only seek out-of-pocket expenses. Defendants Bond, Eckert, Walk, and Onstad are dismissed from this suit since as a matter of law they withdrew from the alleged conspiracy. All other claims and parties may proceed.
An appropriate Order accompanies this Memorandum. [EDITOR'S NOTE: The following court-provided text does not appear at this cite in 641 F. Supp.]
This matter comes before the court on the motions of the Federal Aviation Administration and the individual defendants to dismiss the complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. After consideration of these motions, the opposition thereto, and the entire record herein, it is, by the court, this 5th day of August, 1986,
ORDERED that defendants Onstad, Weithoner, Rock and Driscoll's and plaintiff's supplemental memoranda may be filed; and it is further
ORDERED that defendants' motion to reconsider this court's ruling in Pope v. Bond, 613 F. Supp. 708 (D.D.C. 1985) is denied; and it is further
ORDERED that a three-year statute of limitations applies to plaintiff's constitutional and Bivens' claims and therefore only a conspiracy arising out of actions on or after September 19, 1981 is timely; and it is further
ORDERED that plaintiff's claims under 42 U.S.C. § 1985(1) and 42 U.S.C. § 1985(3) are dismissed; and it is further
ORDERED that plaintiff's claim under 5 U.S.C. § 552a(e)(7) is dismissed; and it is further
ORDERED that defendants Langhorne Bond, Roland Eckert, Christian Walk, and Clark Onstad are dismissed from this suit; and it is further
ORDERED that in all other respects defendants' motions are denied; and it is further
ORDERED that all future discovery matters and disputes are referred to the United States Magistrates' Office for resolution; and it is further
ORDERED that a status conference is set for August 27, 1986 at 9:30 a.m.
Thomas A. Flannery, UNITED STATES DISTRICT JUDGE
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