Cortez

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 CHARLES CORTEZ, et al., Case No. 23-cv-01222-MMC

Plaintiffs, v. UNITED STATES OF AMERICA, ORDER GRANTING DEFENDANT'S MOTION TO DISMISS; DISMISSING Defendant THIRD AMENDED COMPLAINT WITH LEAVE TO AMEND and 11 M.P.C., a minor by his mother Justinne Pasion, successor-in-interest to Decedent Michael Cortez,

Nominal Defendant.

15 Before the Court is defendant United States of America's ("United States") Motion 16 to Dismiss, filed November 2, 2023. Plaintiffs Charles Cortez and Hilda Cortez (the 17 "Cortezes") have filed opposition, to which the United States has replied.1 18 The Cortezes' claims arise from their allegation that, on September 13, 2021, their 19 adult son, Michael Cortez, was shot and killed by an agent employed by the Federal 20 Bureau of Investigation. In the operative complaint, the Third Amended Complaint 21 ("TAC"), the Cortezes assert two claims. Specifically, in the First Cause…