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 to Strike Affidavit of Wanda Mitchell, which the plaintiff 

and defendant Mitchell opposed. See Plaintiff’s Opposition to 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 considered the Reply of Defendant Ameripark, Inc. to the Oppositions to the Motions to 

Strike the Autopsy Photographs and Affidavit of 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 to Defendants Ameripark, Inc. and Washington Hospital

Center Corporation’s Motions for Summary Judgment; Opposition of Defendant Mitchell to 
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Motions for Summary Judgment.2

ORDERED that Defendant Ameripark, Inc.'s Motion to Strike Affidavit of 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 when 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

ORDERED 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 referred to a 

Magistrate Judge for settlement negotiations. It is further

ORDERED that the 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., Washington, 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 documents 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.
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SO ORDERED this 25th day of March, 2010.

 ________/s/_____________

 REGGIE B. WALTON

 United States District Judge