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Case 1:05-cv-02189-RWR Document 21 Filed 07/19/2006 Page 1 of 5
BACKGROUND
Tort Claims Act, 28 U.S.C. § 2675, in November 2004, and the CIA
1
The court’s copy of the complaint reflects receipt by the
Clerk’s Office on November 1, 2005 at 9:16 p.m.
Dockets.Justia.com
Case 1:05-cv-02189-RWR Document 21 Filed 07/19/2006 Page 2 of 5
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within the time prescribed by the local rules and was ordered to
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DISCUSSION
1013, 1021 (D.C. Cir. 2004) (quoting Foman v. Davis, 371 U.S.
178, 181 (1962)); Spann v. Comm’rs of D.C., 443 F.2d 715, 716 n.1
(D.C. Cir. 1970) (noting the “liberal spirit” of rule 60(b) and
2
The defendant’s motion to dismiss argued that this case
should be dismissed because plaintiff’s complaint was untimely
filed and that since plaintiff was an employee of the Central
Intelligence Agency, the Civil Service Reform Act (“CSRA”) barred
plaintiff’s claims. (See Def.’s Mot. to Dismiss at 3-8.) The
plaintiff contends in his motion for reconsideration that the
complaint was not untimely filed because it was received timely
by the Clerk’s Office on November 1, 2005 and that the CSRA does
not bar the plaintiff’s claims because plaintiff was not an
employee of the CIA within the meaning of the CSRA. (See Pl.’s
Mot. to Reconsider at 2-4.)
Case 1:05-cv-02189-RWR Document 21 Filed 07/19/2006 Page 4 of 5
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F.2d 234, 235-36 (D.C. Cir. 1964) (holding that Rule 60(b)(6)
614-15 (1949)).
this case.
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and hereby is, GRANTED. The Order of June 13, 2006 dismissing
further
time to file a reply be, and hereby is, GRANTED nunc pro tunc.
/s/
RICHARD W. ROBERTS
United States District Judge