1 UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________ )

DIANA M. BUELL, )

)

Plaintiff, )

)

v. ) Civil Action No. 08

- 0680 (RBW)

)

WASHINGTON HOSPITAL CENTER )

CORPORATION, et al. )

)

Defendants. )

____________________________________)

ORDER

The parties appeared before the Court on February 26, 2010, for a motion hearing on

Defendant Ameripark, Inc.' s Motion t o Strike Affidavit o f Wanda Mitchell

, which the plaintiff

and defendant Mitchell opposed. See Plaintiff’s Opposition t o Defendant Ameripark, Inc.’ s

Motions to Strike Autopsy Photographs and Affidavit of Defendant Wanda Mitchell; Opposition

of Defendant Wanda D. Mitchell to Motion of Defendant Ameripark, Inc. to Strike Affidavit. 1

1 The Court also co nsidered the Reply o f Defendant Ameripark, Inc. t o t he Oppositions t o t he Motions t o

Strike t he Autopsy Photographs a nd Affidavit o f Defendant Wanda Mitchell in ruling on this motion

. The parties also appeared before the Court on March 24, 2010, for a hearing on Defendant

Washington Hospital Center Corporation's Motion for Summary Judgment and Defendant

Ameripark, Inc.'s Motion for Summary Judgment, which the plaintiff and defendant Mitchell

opposed. See Plaintiff’s Opposition t o Defendants Ameripark, Inc. a nd Washington Hospital

Center Corporation’s Motions f or Summary Judgment ; Opposition of Defendant Mitchell to2 Motions for Summary Judgm ent. 2

ORDERED that Defendant Ameripark, Inc.' s Motion t o Strik e Affidavit o f Wanda

Mitchell is DENIED . It is further Upon consideration of the parties' oral representations and

their written filings, and for the reasons expressed orally by the Court from the bench during the

two motion hearings, it is hereby

ORDERED that Defendant Washington Hospital Center Corporation's Motion for

Summary Judgment and Defendant Ameripark, Inc.'s Motion for Summary Judgment are

DENIED based on the Court's finding that whe n the evidence is viewed in the light most

favorable to the non

- moving parties, there are material questions of fact as to the adequacy of the

pedestrian signage and markings at the site of the accident that preclude summary judgment. It

is further

ORDERE D that based on the parties' representations that they are willing to participate

in settlement negotiations that could resolve this case short of trial, this case shall be r eferred to a

Magistrate Judge for settlement negotiations. It is further

ORDER ED that t he parties shall appear before this Court for a status conference at the

conclusion of the settlement negotiations on June 7, 2009, at 9 a.m. in Courtroom 16 of the E.

Barrett Prettyman United States Courthouse, 333 Constitution Avenue, N.W., Wash ington, D.C.

20001. If the case has not settled by this date, the Court will schedule a pretrial hearing date at

that time.

2 The Court also considered the following document s in ruling on this motion: Reply of Defendant

Washington Hospital Center Corporation to Oppositions to Motions for Summary Judgment; and Reply of

Defendant Ameripark, Inc. to the Oppositions to Motion for Summary Judgment.3 SO ORDERED this 2 5 th day of March, 2010.

________/s/_____________

REGGIE B. WALTON

United States District Judge