Nicholsen v. UNITED STATES OF AMERICA
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN KEITH NICHOLSEN, Plaintiff, v. UNITED STATES OF AMERICA and SHAMALI DENNERY, Defendants. ) ) ) Case No. 3:20-cv-0023 ) ) COMPLAINT FOR DAMAGES ) ) JURY TRIAL DEMANDED ) ) ) SHAMALI DENNERY, Third Party Plaintiff, v. BERNARD WESSELHOFT d/b/a Slim Man’s Parking Lot, Third Party Defendant. ) ) ) ) Case No. 3:20-cv-0023 ) ) COMPLAINT FOR DAMAGES ) ) JURY TRIAL DEMANDED ) ) ) SHAMALI DENNERY, Cross Claimant, v. UNITED STATES OF AMERICA, Cross Defendant. ) ) ) Case No. 3:20-cv-0023 ) ) COMPLAINT FOR CONTRIBUTION ) ) JURY TRIAL DEMANDED ) ) ) SHAMALI DENNERY, Counter Claimant, v. KEITH NICHOLSEN, Counter Defendant. ) ) ) Case No. 3:20-cv-0023 ) ) COMPLAINT FOR DAMAGES ) ) JURY TRIAL DEMANDED ) ) ) Case: 3:20-cv-00023-RAM-RM Document #: 108 Filed: 03/28/22 Page 1 of 3 Nicholsen v. United States et al. Case No. 3:20-cv-0023 Order ATTORNEYS: Thomas Friedberg Law Offices of Friedberg & Bunge San Diego, CA For Plaintiff and Counter Defendant Keith Nicholsen and Third Party Defendant Bernard Wesselhoft Kimberly L. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN KEITH NICHOLSEN, Plaintiff, v. UNITED STATES OF AMERICA and SHAMALI DENNERY, Defendants. ) ) ) Case No. 3:20-cv-0023 ) ) COMPLAINT FOR DAMAGES ) ) JURY TRIAL DEMANDED ) ) ) SHAMALI DENNERY, Third Party Plaintiff, v. BERNARD WESSELHOFT d/b/a Slim Man’s Parking Lot, Third Party Defendant. ) ) ) ) Case No. 3:20-cv-0023 ) ) COMPLAINT FOR DAMAGES ) ) JURY TRIAL DEMANDED ) ) ) SHAMALI DENNERY, Cross Claimant, v. UNITED STATES OF AMERICA, Cross Defendant. ) ) ) Case No. 3:20-cv-0023 ) ) COMPLAINT FOR CONTRIBUTION ) ) JURY TRIAL DEMANDED ) ) ) SHAMALI DENNERY, Counter Claimant, v. KEITH NICHOLSEN, Counter Defendant. ) ) ) Case No. 3:20-cv-0023 ) ) COMPLAINT FOR DAMAGES ) ) JURY TRIAL DEMANDED ) ) ) Case: 3:20-cv-00023-RAM-RM Document #: 108 Filed: 03/28/22 Page 1 of 3 Nicholsen v. United States et al. Case No. 3:20-cv-0023 Order ATTORNEYS: Thomas Friedberg Law Offices of Friedberg & Bunge San Diego, CA For Plaintiff and Counter Defendant Keith Nicholsen and Third Party Defendant Bernard Wesselhoft Kimberly L. Cole United States Attorney’s Office St. Thomas, VI For Defendant and Cross Defendant United States of America Gaylin Vogel Law Office of Kevin F. D’Amour, PC St. Thomas, VI For Defendant, Third Party Plaintiff, Cross Claimant, and Counter Claimant Shamali Dennery ORDER BEFORE THE COURT is the motion of the United States of America (the “Government”) to dismiss the complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1), filed on June 22, 2020. (ECF Nos. 16). For the reasons stated in the accompanying Memorandum Opinion of even date, it is hereby ORDERED that the United States’ Motion to Dismiss the Complaint for Lack of Subject Matter Jurisdiction, ECF No. 16, is GRANTED; it is further ORDERED that Plaintiff Nicholsen’s complaint is DISMISSED without prejudice; it is further ORDERED that Defendant Dennery’s crossclaim is DISMISSED; it is further ORDERED that Defendant Dennery’s counterclaim is DISMISSED; it is further ORDERED that Defendant Dennery’s third-party complaint is DISMISSED; it is further Case: 3:20-cv-00023-RAM-RM Document #: 108 Filed: 03/28/22 Page 2 of 3 Nicholsen v. United States et al. Case No. 3:20-cv-0023 Order ORDERED that the Government’s Motion to Dismiss Dennery’s Crossclaim, ECF No. 40, is MOOT; it is further ORDERED that the Government’s motions to stay discovery, ECF Nos. 74 and No. 77, are MOOT; it is further ORDERED that Nicholsen’s Motion for Leave to File Supplemental Opposition to Defendant’s Motion to Dismiss, ECF No. 80, is MOOT; it is further ORDERED that the Government’s Motion for Summary Judgment, ECF No. 82, is MOOT; it is further ORDERED that Dennery’s Motion for Certification that Shamali Dennery was Acting within the Scope of his Employment, ECF No. 88, is MOOT; it is further ORDERED that Dennery’s Motion to Dismiss for Failure to State a Claim or in the Alternative, Motion for Summary Judgment, ECF No. 94, is MOOT; it is further ORDERED that the Plaintiff SHALL file a motion to amend the complaint, asserting a plausible claim under the FTCA, within twenty-one (21) days of the date of entry of this Order. Defendants SHALL file a response no later than fourteen (14) days after filing and service of the motion. Plaintiff SHALL have ten (10) days after filing and service of Defendants’ response to file a reply. There shall be no further briefing without leave of the Court. DATED: March 28, 2022 /s/ Robert A. Molloy _ ROBERT A. MOLLOY Chief Judge Case: 3:20-cv-00023-RAM-RM Document #: 108 Filed: 03/28/22 Page 3 of 3