Rosenberger v. United States

OPINION & ORDER

LEISURE, District Judge:

This is a wrongful death action brought under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671-80. Plaintiff charges the defendant with having negligently caused the suicide of plaintiff’s deceased, a Government employee at the time of his death. Defendant moves, pursuant to Fed.R.Civ.P. 12(h)(3), to dis*42miss the action for lack of subject matter jurisdiction. Specifically, defendant argues that because a “substantial question” of coverage exists, the Secretary of Labor must be allowed an opportunity to determine finally plaintiffs rights…