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Searcy v. United States

United States District Court, S.D. Florida

November 22, 2019

KARL ERIC SEARCY, as Personal Representative of the Estate of MATTHEW MARTIN SEARCY, deceased, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          ORDER ON PLAINTIFF'S MOTION TO DETERMINE SUFFICIENCY OF DEFENDANT UNITED STATES OF AMERICA'S RESPONSES TO PLAINTIFF'S FIRST SET OF REQUESTS FOR ADMISSION IDE 161

          WILLIAM MATTHEWMAN, UNITED STATES MAGISTRATE JUDGE.

         THIS CAUSE is before the Court upon Plaintiffs, Karl Eric Searcy, as Personal Representative of the Estate of Matthew Martin Searcy, deceased ("Plaintiff) Motion to Determine Sufficiency of Defendant United States of America's Responses to Plaintiffs First Set of Requests for Admission [DE 16]. This matter was referred to the undersigned by United States District Judge William P. Dimitrouleas. See DE 11. Defendant, United States of America ("the Government"), has filed a Response [DE 17], and Plaintiff has filed a Reply [DE 19]. The Court held a hearing on the Motion on November 21, 2019. The matter is now ripe for review.

         I. BACKGROUND

         On March 18, 2019, Plaintiff filed his Complaint [DE 1] pursuant to the Federal Tort Claims Act. The facts alleged are quite tragic. According to the Complaint, Matthew Searcy was born on June 8, 1983, and was killed on December 19, 2017. Id. at p. 2');">p. 2. On December 19, 2017, he was operating a motorcycle when David Singh, who was driving a Dodge Caravan owned and operated by the United States Department of Homeland Security, caused a collision with the motorcycle being driven by Matthew Searcy. Id. at pp. 3-4. Matthew Searcy was killed at the scene of the crash. Id. at p. 4.

         Plaintiff propounded his First Set of Requests for Admission to the Government on September 6, 2019. [DE 16-1]. On October 3, 2019, the Government served its Response to Plaintiffs First Request for Admissions. [DE 16-2].

         In the Motion, Plaintiff seeks a court determination of the sufficiency of the Government's responses to Requests for Admission # 1, 2, 3, 4, 5, 7 and 8. These requests are listed below.

Request No. 1:
On December 19, 2017, David Singh negligently operated the vehicle he was driving so as to cause a crash with Matthew Searcy.
Request No. 2:
The negligence of David Singh was a legal cause of the crash with Matthew Searcy on December 19, 2017.
Request No. 3:
The negligence of David Singh was the sole legal cause of the crash with Matthew Searcy on December 19, 2017.
Request No. 4:
Matthew Searcy was not negligent in causing the crash on ...

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