Carney v. United States

MEMORANDUM

BLAKE, District Judge.

Now pending in this admiralty case is the defendant’s motion to dismiss the plaintiffs First Cause of Action for lack of subject matter jurisdiction, maintaining that the plaintiffs claims are subject to the discretionary function exception in the Suits in Admiralty Act. The United States also has moved for partial summary judgment on the Second Cause of Action on the ground that it does not presently owe any maintenance or cure. Oral argument was heard on April 8, 2005. A supplemental filing was permitted but not received. For the reasons stated below, the…