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16<br />
1<br />
THE COURT: Cool tie by the way.<br />
2 MR. CIAMPA: I think it would be easier if I can<br />
3 respond to the one.<br />
4 THE COURT: Just if you would indulge our court<br />
5 reporter and project.<br />
6 MR. CIAMPA: I will do that, Your Honor.<br />
7 THE COURT: Okay. Thank you.<br />
8 MR. CIAMPA: When we had the first summary<br />
9 judgment hearing, Your Honor stated at the end in ruling<br />
10 the following: "I don't have enough here for me to know<br />
11 whether the duty element is met or isn't met because the<br />
12 threshold question for the Court is whether this was the<br />
13 property for the county, meaning the area where my client<br />
14 was shot and that's sort of how I am. So if you want to<br />
15 find me some supplemental information, because I agree<br />
16 with the defense 100 percent. If this was not in the<br />
17 Metrorail property, then 50 States would be out of it and<br />
18 the county would be out of it under the discretionary<br />
19 portion of sovereign immunity.<br />
20 "But to get there, you have to show me that that<br />
21 was not Metrorail's property. You understand that I need<br />
22 something additional;" and that's how it ended. It can't<br />
23 be -- and 50 States have not provided anything new,<br />
24 anything additional in order to answer that question and<br />
25 nothing additional that says that that area, that grassy
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