Lumas

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 13 PATRICIA LUMAS, Case No.: 19-CV-0294 W (WVG)

Plaintiff,

ORDER GRANTING DEFENDANT

v. UNITED STATES’S 12(B)(1)

MOTION TO DISMISS [DOC. 7]

UNITED STATES OF AMERICA, and

BARBARA ANTONE,

18 Defendants.

20 Pending before the Court is Defendant United States of America’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). (Mot. [Doc. 7.]; see also Reply [16].) Plaintiff opposes. (Opp’n [Doc. 11].) The Court decides the matter on the papers submitted and without oral argument. See Civ. L.R. 7.1(d.1). For the reasons that follow, the Court GRANTS the motion [Doc. 7]. 27 28 I. BACKGROUND On May 25, 2017, Plaintiff Patricia Lumas (“Lumas”) was injured while riding in a vehicle driven by Defendant Barbara Antone-Levy (“Antone”). (Compl. [Doc. 1] ¶¶ 14– 20.) Lumas alleges that Antone was working within the scope of her responsibilities as the Quechan Indian Tribe Language…