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Stassen v. United States

United States District Court, N.D. California, San Francisco Division

February 22, 2018

JOHN STASSEN, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          ALEX G. TSE (CABN 152348) Acting United States Attorney SARA WINSLOW (DCBN 457643) Chief, Civil Division WENDY M. GARBERS (CABN 213208) Assistant United States Attorney Attorneys for Defendant UNITED STATES OF AMERICA

          EMERGENT LLP By: Seth I. Rosenberg * Attorney for PLAINTIFF

          JOINT CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER

          HONORABLE LAUREL BEELER United States Magistrate Judge Judge

         The parties to the above-captioned action jointly submit the following Joint Case Management Conference Statement.

         1. JURISDICTION AND SERVICE: All defendants have been served and have appeared. This Court has jurisdiction over plaintiff's Federal Tort Claims Act claims under 28 U.S.C. § 1346(b).

         2. FACTS:

         Plaintiff alleges that, on May 27, 2016, he had a bicycle accident on the pathway that runs along the waterfront of San Francisco Maritime National Historical Park. Plaintiff alleges that the accident was caused by railroad tracks that are blended into the pathway, but which had become exposed because of a deterioration of the pavement adjacent to the track. Plaintiff alleges that he was seriously injured in the accident, including causing a right pneumothorax.

         The United States notes that the exposed, historical State Belt Line railroad tracks, which ran along the promenade at Aquatic Park, were incorporated into the park by design. The National Park Service chose to preserve these tracks in light of their historic and cultural significance. That said, at the time of plaintiff's accident, the tracks were slated to be removed, and were subsequently removed.

         3. LEGAL ISSUES:

         Plaintiff's Statement of Legal Issues in Dispute.

1) Whether defendant is liable for plaintiff's damages pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq.

         Defendant's Statement of Legal Issues in Dispute.

1) Whether California's doctrine of recreational use immunity bars plaintiff's claims. Cal. Civ. Code § 846.
2) Whether the discretionary function exception to the Federal Tort Claims Act bars plaintiff's claims. 28 ...

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