Gengler
Gengler v. US EX REL. ITS DEPT. OF DEF. AND NAVY
Opinion
Opinion
WANGER, District Judge.
Before the court for decision is Defendants' motion to dismiss for lack of subject matter jurisdiction, Fed. R. Civ. Pro. 12(b)(2), and for failure to state a claim, Fed.R.Civ.P. 12(b)(6). (Doc. 31, filed Aug. 3 2006.)
Plaintiffs Richard T. Gengler and Lt. Daniel S. McSeveney are Naval Officers and Aviators who are currently stationed with the Operational Test Evaluation Squadron Nine (VX-9) in China Lake, California. They are assigned as Operational Test Directors for the F/A-18C-F weapons system programs and currently are on "detachment" in Key West, Florida, performing operational tests on a radar system. (Doc. 16 at 1; Pltfs' Decis. at ¶ 7; Gunter Decl. at 3.)
Plaintiffs both entered the Navy in April 1996, after signing separate "Aviation Officer Candidate Program Service Agreements (the `Service Agreements"). The Service Agreements were drafted by the Navy and signed on the Navy's behalf by another Naval Officer. Among other things, the Service Agreements state that each consented to "serve on active duty as a commissioned officer for a period of seven years from date of, designation as a Naval Aviator." (Pltfs' Decls. Ex A, at ¶ 2.)…