Chavez v. United States

ORDER

MOODY R. TIDWELL, III, Judge.

This action comes before the court on defendant’s motion to dismiss the complaint for lack of subject matter jurisdiction pursuant to RUSCC 12(b)(1). Defendant maintained that because plaintiffs have an action pending before the United States District Court for the District of New Mexico, based upon the same claims as the complaint in this action, this court lacks subject matter jurisdiction pursuant to 28 U.S.C. § 1500 (1982). Plaintiffs objected for two reasons: (1) Tags Richards, one of the plaintiffs herein, is not a party to the New Mexico proceedings;…