James and Elizabeth Console Family v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JAMES AND ELIZABETH CONSOLE Case No.: 23-cv-652-DMS-BLM

FAMILY,

ORDER GRANTING DEFENDANT’S

Plaintiffs, MOTION TO DISMISS v.

UNITED STATES,

15 Defendant. 16 17 Pending before the Court is Defendant United States of America’s (“Defendant”) motion to dismiss Plaintiffs James and Elizabeth Console’s (“Plaintiffs”) Complaint for lack of subject matter jurisdiction and failure to state a claim under Rules 12(b)(1) and (b)(6), respectively, of the Federal Rules of Civil Procedure. (ECF No. 6). Plaintiffs concurrently filed an opposition (ECF No. 10) and a First Amended Complaint (ECF No. 12) (“FAC”), Defendant filed a reply (ECF No. 16), and Plaintiffs thereafter filed both a surreply (ECF No. 18) and supplemental memorandum (ECF No. 19). For the following 25 26 1 Defendant responded to Plaintiffs’ FAC in its reply brief, (ECF No. 16), so the Court will address the FAC and treat it as the operative pleading. In addition, although Plaintiffs’ surreply and…