Spencer Enterprises, Inc. v. United States

MEMORANDUM DECISION AND ORDER RE: DEFENDANTS’ RULE 12(b)(1) MOTION TO DISMISS, AND CROSS MOTIONS FOR SUMMARY JUDGMENT

I. INTRODUCTION

This matter is before the court on three motions: cross summary judgment motions as to Plaintiff Li-Hui Chang’s claims and defendants’ motion to dismiss the claims of plaintiffs’ Chung-Chuan Sun and Jerry Chien-Hua Raan for lack of subject matter jurisdiction because Sun and Raan have not exhausted their administrative remedies. The matter was heard on September 8, 2000.

II. LEGAL STANDARDS

A. MOTION TO DISMISS

A motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) addresses the court’s subject matter jurisdiction, derived from the case or controversy clause of Article III of the U.S. Constitution. Federal courts are limited in jurisdiction; it is presumed that a case lies outside the jurisdiction of the federal courts unless Plaintiff proves otherwise. See Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 376 , 114 S.Ct. 1673 , 128 L.Ed.2d 391 (1994); Stock West, Inc. v. Confederated Tribes, 873 F.2d 1221 (9th Cir.1989); Thornhill Publishing Co. v. General Telephone & Electronics Corp., 594 F.2d 730, 733 (9th Cir.1979).…