Scharringhausen v. United States

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS FIRST CAUSE OF ACTION OF PLAINTIFF’S SECOND AMENDED COMPLAINT

JANIS L. SAMMARTINO, District Judge.

Presently before the Court is the United States of America’s (“defendant”) Motion to Dismiss Robert M. Scharringhausen’s (“plaintiff’) First Cause of Action of the Second Amended Complaint (“SAC”). Defendant argues that plaintiffs first cause of action must be dismissed for lack of subject matter jurisdiction or, in the alternative, for failure to state a claim upon which relief may be granted. Plaintiffs first cause of…