Balser v. Cessna Aircraft Co.

ORDER

MOYE, Chief Judge.

The above-styled case is before the Court on motions by defendant Fulton Air Service (Fulton) to dismiss and to stay discovery. The Court will first consider the motion to dismiss since a ruling thereon will alleviate the need to rule on the motion by Fulton to stay discovery.

Fulton’s motion to dismiss is based on Fed.R.Civ.P. 12(b)(1). Fulton argues that this Court lacks subject matter jurisdiction over plaintiffs’ claims in that as a matter of law there is no jurisdiction under 28 U.S.C. § 1331 or 15 U.S.C. § 2310(d)(lXB). The former statute confers jurisdiction on…