Witt

MEMORANDUM OPINION AND ORDER RE DEFENDANTS’ MOTIONS TO DISMISS (U & 26)

Pursuant to a notice filed on July 21, 1999, Defendants James Witt and Jo Ann Howard (collectively “the Federal Defendants”) seek an order dismissing the third amended complaint. Pursuant to a notice filed on July 22, 1999, Defendant Bankers Insurance Company (“Bankers”) also seeks an order dismissing the third amended complaint. Plaintiff Paul W. Mason (“Plaintiff’), who is proceeding pro se in this action, has not filed an opposition to either motion. Pursuant to Local Rule 78-230(c) and (h), these matters were submitted on the pleadings without oral argument. The court will address both motions herein.

FACTUAL BACKGROUND

Plaintiff alleges that, in September 1997, he heard of and read advertisements sponsored by the Federal Emergency Management Agency (“FEMA”) for the National Flood Insurance Program (“NFIP”). Plaintiff alleges that the advertisements stated: “ ‘Get ready for El Nino! Protect your home investment! Buy flood insurance from the National Flood Insurance Program today.’ ” Plaintiff states that, in response to this advertisement, he purchased a Standard Flood Insurance Policy (“SFIP”) from…