Maschmeier

Maschmeier v. United States

Good Law
United States District Court, Northern District of CaliforniaDecember 7, 20231:22-cv-05425California4,319 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION 7 ALEXIS MASCHMEIER, et al., Case No. 22-cv-05425-RMI

Plaintiffs,

ORDER RE: DEFENDANT’S MOTION

v. TO DISMISS PLAINTIFFS’ FIRST

AMENDED COMPLAINT

UNITED STATES OF AMERICA, Re: Dkt. No. 34 Defendant.

13 Before the court is Defendant’s Motion to Dismiss (dkt. 34) for lack of subject matter jurisdiction and failure to state a claim, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiffs have filed a Response in Opposition (dkt. 35) and Defendant has filed a Reply (dkt. 38). For the reasons stated below, Defendant’s Motion to Dismiss is granted in part and denied in part as moot. BACKGROUND A. Factual History Plaintiffs seek this court’s review under the Federal Tort Claims Act (“FTCA”) and the Federally Supported Health Centers Assistance Act (“FSHCAA”). First Amended Complaint (“FAC”) (Dkt. 29) at 4. The FTCA…

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