Fiaseu
Fiaseu v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA PASE FIASEU and RODOLFO Case No.: 3:22-cv-00752-GPC-BLM
MARTINEZ,
ORDER GRANTING MOTION TO
Plaintiffs, DISMISS v. 13 [ECF No. 5]
UNITED STATES OF AMERICA,
14 Defendant. 15 16 Before the Court is a Motion to Dismiss Plaintiffs Pase Fiaseu’s and Rodolfo Martinez’s operative First Amended Complaint (“FAC” or “Complaint”), filed by Defendant United States of America. (ECF 5.) Mr. Fiaseu and Mr. Martinez have filed their response in opposition to the motion to dismiss, (ECF 9), and the United States has replied, (ECF 11). The Court held oral arguments on November 18, 2022. For the reasons set forth below, the Court GRANTS the United States’ motion to dismiss for lack of jurisdiction under Federal Rule of Civil Procedure 12(b)(1). I. BACKGROUND Plaintiffs Pase Fiaseu and Rodolfo Martinez are seeking damages, costs, and attorney’s fees against Defendant United States for events taking place between October 2020 and May 2021…