GATX/Airlog Co. v. Evergreen Int'l Airlines, Inc.

MEMORANDUM DECISION AND ORDER

In this third-party complaint for indemnity/contribution brought by third-party plaintiff Pemco Aeroplex, Inc. (“Pemco”) against defendant the United States of America (“government”), the government now moves to dismiss the case for lack of subject matter jurisdiction. For the reasons set forth hereinafter, the Court grants the motion.

I.

Because the parties are intimately familiar with the facts of the underlying consolidated litigation, the Court will not repeat them here.

Pemco filed its complaint against the United States on August 18, 1999. The complaint alleges three causes of action: 1) negligence; 2) negligent supervision of Steven Fox (a senior aerospace engineer for the Federal Aviation Administration (“FAA”)); and 3) negligent retention of Steven Fox.

II.

The government advances four rationales for dismissing the complaint, three under Rule 12(b)(1) of the Federal Rules of Civil Procedure and one under Rule 12(b)(6). Because the Court has determined that the United States has not waived sovereign immunity for discretionary functions, the Court lacks subject matter jurisdiction over this action and therefore does not reach the other…