Castaneda v. United States

AMENDED ORDER DENYING MOTION TO DISMISS

DEAN D. PREGERSON, District Judge.

This matter comes before the Court upon the individual Public Health Service Defendants’ motion to dismiss for lack of subject matter jurisdiction. After reviewing the materials submitted by the parties and reviewing the arguments therein, the Court DENIES the motion. 1

I. LEGAL STANDARD

When reviewing a motion to dismiss, the Court “assum[es] all facts and inferences in favor of the nonmoving party.” Libas Ltd. v. Carillo, 329 F.3d 1128, 1130 (9th Cir.2003). In addition, where, as here, the motion to dismiss is based upon…