Ricciotti v. Warwick School Committee

OPINION

PETTINE, District Judge.

This action is before the court upon defendants’ motion to dismiss the *1008complaint for lack of subject matter jurisdiction. Defendants have complied with Fed.R.Civ.P. 12(b) (1), which requires this defense to be presented by motion, prior to the filing of an answer. Therefore, the present state of the record demands that the uncontroverted facts contained in the complaint be taken as true, for the purpose of ruling upon this motion, and as to the facts taken in their entirety, plaintiff has the burden of proving this court’s jurisdiction. See Wright & Miller,…