Epshteyn v. United States

MEMORANDUM OPINION AND ORDER

CEDARBAUM, District Judge.

Plaintiff’s counsel, relying on the erroneous advice of a federal official, filed this *256untimely suit against the United States of America (the “government”). Defendant moves to dismiss for lack of subject matter jurisdiction. Plaintiff argues in opposition that the government should be estopped from invoking the correct statute of limitations to bar this suit. Since plaintiffs opposition is based on undisputed facts that do not appear on the face of the complaint, I treat the government’s motion as one for summary judgment. The motion is…