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KELLY A. COPEN; PAUL COPEN,
Plaintiffs-Appellants,
v.
UNITED STATES OF AMERICA; FARMERS INSURANCE,
Defendants-Appellees.
   No. 20-3136
Appeal from the United States District Court
for the Northern District of Ohio at Akron.
No. 5:19-cv-01346—John R. Adams, District Judge.
Argued: October 9, 2020
Decided and Filed: July 6, 2021
Before: SUTTON, Chief Judge; ROGERS and STRANCH, Circuit Judges.


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OPINION
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JANE B. STRANCH, Circuit Judge. Paul Copen was driving his daughter Kelly’s vehicle when it was struck by a driver for the United States Postal Service (USPS). Kelly was riding in the passenger seat. The vehicle was damaged, and both Kelly and Paul state that they were physically injured in the accident. This case concerns whether the Copens properly presented their claim for damages to USPS under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671–80. Kelly Copen alone filed a Standard Form 95, SF 95, with USPS stating that both Kelly and Paul had been injured, but they never provided a dollar amount for their personal injury damages. The district court determined that it lacked subject matter jurisdiction because Kelly Copen had failed to provide a sum certain on her claim for personal injury, and because Paul Copen had not met the jurisdictional requirement of submitting his own claim form.

Neither Kelly nor Paul provided a sum certain to USPS, a mandatory requirement. But because we conclude that the sum certain requirement in the FTCA is not jurisdictional, we REMAND for further proceedings consistent with this opinion.



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IN RE: RAYMOND HALL; ROBERT HEMPEL; ASHLEY JANKOWIAK; LAWRENCE A. REYNOLDS; SHAMIYA CHAPMAN; DOROTHY CHAPMAN; HELEN CHAPMAN; ELIZABETH FRANKLIN; LASHONDA JONES,
Petitioners.
   No. 21-2655
On Petition for Writ of Mandamus.
United States District Court for the Eastern District of Michigan at Ann Arbor;
No. 5:16-cv-10444—Judith E. Levy, District Judge.
Decided and Filed: July 6, 2021
Before: GRIFFIN, KETHLEDGE, and MURPHY, Circuit Judges.


_________________________
ORDER
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Objectors to a class action settlement in the In re Flint Water Cases petition for a writ of mandamus, asking this court to compel the district court: “(1) to cease holding off-the-record substantive ex parte meetings that exclude petitioners’ counsel; (2) to order the participants at the March 1 and May 3 conferences to recount for the record their recollection of what transpired at those conferences; (3) to order settling parties to identify any other substantive unrecorded conferences since February 26, 2021; and (4) to refrain from continuing to prescribe or dictate the litigation strategy of the parties in advocating for the settlement.” We deny the petition.