Perrodin v. United States

ORDER

DUFFY, District Judge.

This matter is before the court upon Defendant United States of America’s (hereinafter “Government”) motion to dismiss for lack of subject matter jurisdiction, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(h)(3). For the reasons set forth herein, the Government’s motion'is denied.

I.BACKGROUND

The events in this complaint occurred on board the MTV CAPE EDMONT, a public vessel of the Government. On February 8, 2002, the Government removed Plaintiff James M. Perrodin (“Perrodin”) for-cause from his position as Chief Steward aboard the M/V CAPE EDMONT.…