Steele v. United States

ORDER

GORDON THOMPSON, Jr., District Judge.

This matter is before the Court on defendant’s motion to dismiss filed pursuant to Rule 12(b), Federal Rules of Civil Procedure. The underlying action is founded upon the alleged negligent exercise of control over plaintiff’s aircraft, causing it to collide in midair with another plane. The negligence alleged is that of employees of the Federal Aviation Administration in their alleged control and coordination of the flight of plaintiff’s aircraft. The basis for the motion of defendant to dismiss is the failure of plaintiff to timely present an…