Lee v. United States Department of the Navy
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 16 MICHELLE LEE Case No.: 3:23-cv-0576-W-MSB
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS [DOC. 6] UNITED STATES DEPARTMENT OF
THE NAVY,
21 Defendant. 22 23 Pending before the Court is the United States Department of the Navy’s (“Defendant” or “Navy”) motion to dismiss ([Doc. 6], “Motion”) this case for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1) and for failure to state a claim upon which relief can be granted under Fed. R. Civ. P. 12(b)(6). (Motion at 1.) Plaintiff 28 Michelle Lee (“Plaintiff”) opposes the Motion. ([Doc. 7], “Opposition”.) Defendant has replied. ([Doc. 8.], “Reply”.) The Court decides the matter on the papers submitted and without oral argument. See Civ. L.R. 7.1(d)(1). For the following reasons, the Court GRANTS the Motion without leave to amend and ORDERS the case DISMISSED. 6 I. RELEVANT BACKGROUND Plaintiff is the civilian spouse of Kenneth L.…