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Jefferies v. District of Columbia

United States District Court, District of Columbia

February 19, 2013

Nardyne JEFFERIES, Plaintiff,
v.
DISTRICT OF COLUMBIA, et al., Defendants.

Page 127

John F. Mercer, Mercer Law Associates, PLLC, Washington, DC, for Plaintiff.

Denise J. Baker, Steven J. Anderson, Office of Attorney General, John F. Mercer, Mercer Law Associates, PLLC, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

ROYCE C. LAMBERTH, Chief Judge.

Plaintiff originally filed this action in the Superior Court of the District of Columbia. See Compl., Mar. 30, 2011, ECF No. 1-1. Upon notice by the District of Columbia, this case was removed to the United States District Court for the District of Columbia. See Notice of Removal, June 26, 2011, ECF No. 1. As asserted in the Notice of Removal:

The grounds for removal is that the Complaint asserts, inter alia, causes of action " founded on a claim or right arising under the Constitution, treatises or laws of the United States" which are removable without regard to the citizenship or residence of the parties. See 28 U.S.C. § 1441(b). The complaint as whole implicates a number of federal agencies and alleges violations of federal law in the District of Columbia.

Id. at 4. After the case was removed to federal court, pursuant to unopposed motions to dismiss many federal and municipal agencies were dismissed with prejudice. See ECF Docket Entries 8, 15, 17, 18, 20, 21.

On January 7, 2013, this Court ruled on the District of Columbia and Police Chief Cathy Lanier's Motion to Dismiss. Mem. Op., Jan. 7, 2013, ECF No. 33; Order, Jan. 7, 2013, ECF No. 32. The Court dismissed all claims against Chief Lanier in her official capacity with prejudice, and all claims against Chief Lanier in her individual capacity without prejudice and with leave to amend the complaint. Order 1, ECF No. 32. The Court dismissed the plaintiff's request for punitive damages without prejudice and with leave to amend the complaint. Id. The Court

denied defendant District of Columbia's Motion to Dismiss as to plaintiff's claims under Count Two, Count Three, and Count Fourteen that arise from the following factual allegation made in ¶ 42 of plaintiff's Complaint, Mar. 30, 2011, ECF No. 1-1: " [T]he ambulance driver closest to the scene that would have had the most impact on saving lives of the critically injured African American youths of Wards 7 and 8 was the last to arrive. Instead of dispatching to the scene when it first received the emergency call, the ambulance operators chose to run personal errands."

Id. at 2. As to all other claims against the District of Columbia, the Court either denied them with prejudice, or without prejudice

Page 128

and with leave to amend the complaint. The Court granted the plaintiff leave to amend her complaint within thirty days of the date of the Order.

Those thirty days elapsed on February 7, 2013. The plaintiff has not filed an amended complaint, or requested from this Court additional time in order to file an amended complaint. Therefore, the Court shall DISMISS WITH PREJUDICE all plaintiff's claims against Cathy Lanier, the plaintiff's request for punitive damages from the District, the plaintiff's claims under Counts One, Four, Six, and Seven, and the plaintiff's claims under Counts Two, Three, and Fourteen that do not relate to the alleged affirmative negligence of the ambulance driver closest to the scene (as described in ¶ 42 of plaintiff's Complaint).

When combined with the claims the Court previously dismissed with prejudice, the only claims that remain ...


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