Kilroy v. Mayhew

ORDER ON MOTION TO DISMISS

SINGAL, District Judge.

Before the Court is Defendant’s Motion to Dismiss (Docket # 7) Plaintiffs Complaint. As explained herein, the line of cases starting with Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943), requires that the Court ABSTAIN. Defendant’s Motion to Dismiss is therefore GRANTED.

I. LEGAL STANDARD

Defendant moves to dismiss this case under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Generally, under Rule 12(b)(1), a party may move to dismiss a case for lack of subject matter jurisdiction. See, e.g., Am. Fiber &…