Citation Codes Equivalent Citations citation codes Docket Number Civil Action No. 05-1421 (PLF). Motions Motion to dismiss : Granted Judges Paul L. Friedman See more information ... Smart Summary Please sign up to generate summary. DAVID A. HAYES, Plaintiff, v. UNITED STATES, Defendant. ORDER PAUL FRIEDMAN, District Judge For the reasons set forth in the Opinion issued this same day, it is hereby ORDERED that the defendant's motion to dismiss or, in the alternative, for summary judgment [18] [19] is GRANTED in part and DENIED in part; it is FURTHER ORDERED that, with respect to plaintiff's failure to warn claim, the defendant's motion to dismiss is DENIED; it is FURTHER ORDERED that, with respect to plaintiff's failure to inspect and maintain claim, the defendant's motion to dismiss is GRANTED; and it is FURTHER ORDERED that a status conference in this case is scheduled for April 9, 2008 at 9:15 a.m. SO ORDERED.