Doe v. United States

ORDER DENYING GOVERNMENT’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION & ORDER LIFTING STAY OF DISCOVERY

KENNETH A. MARRA, District Judge.

THIS CAUSE is before the court on the government’s motion to dismiss for lack of subject matter jurisdiction [DE 119], the petitioners’ response in opposition [DE 127] and the government’s reply [DE 147]. For reasons stated below, the court has determined to deny the motion.

I. Preface

The petitioners in this action seek to vacate a “non-prosecution agreement” (“the agreement”) between the United States Attorney’s Office for the Southern District…