Opinion
Civil Action No. 05-0606.
November 18, 2005
ORDER
This matter comes before the Court on Defendants' Motion for Judgment on the Pleadings or, in the Alternative, to Dismiss Pursuant to Rule 12(b)(1) and Rule 12(c), Federal Rules of Civil Procedure.
The Court finds that Plaintiff's claims were not filed within the applicable two-year statute-of-limitations pursuant to 29 U.S.C. § 255 (2000). Furthermore, the statute-of-limitations tolling law from Virginia does not apply to a claim filed in federal court pursuant to federal question subject matter jurisdiction under 28 U.S.C. § 1331. Lewis v. Richmond City Police Dep't, 947 F.2d 733, 735 (4th Cir. 1991). Thus, it is hereby
ORDERED that Defendants' Motion for Judgment on the Pleadings or, in the Alternative, to Dismiss Pursuant to Rule 12(b)(1) and Rule 12(c), Federal Rules of Civil Procedure is GRANTED and this case is dismissed.