From Casetext: Smarter Legal Research

Geldert v. U.S.

United States District Court, S.D. California
Nov 28, 2006
CASE NO. 04CV1498 BEN (LSP) (S.D. Cal. Nov. 28, 2006)

Opinion

CASE NO. 04CV1498 BEN (LSP).

November 28, 2006


[PROPOSED] ORDER GRANTING DEFENDANT'S MOTION TO DISMISS


This cause comes before the Court on Defendant UNITED STATES OF AMERICA'S Motion to Dismiss (Lack of Jurisdiction) in the above-referenced action.

Upon review of Defendant's Motion to Dismiss (Lack of Jurisdiction) and Plaintiff's Statement of Non-Opposition, the Court concludes it is bound by the ruling in the Ninth Circuit Court of Appeals in People of California v. United States, 307 F.2d 941 (9th Cir. 1961), and therefore dismisses Plaintiff's action seeking recovery of fire suppression costs for lack of subject matter jurisdiction under the Federal Tort Claims Act (Title 28, U.S.C. §§ 1346(b), 2671-2680).

The Court further finds that dismissal of this civil action for lack of jurisdiction does not preclude Plaintiff from pursuing recovery of it fire suppression costs from the Federal Emergency Management Agency under the discretionary grant program, or from pursuing recovery of its fire suppression costs from other federal programs or by petitioning Congress for a private bill.

Accordingly, it is ORDERED that Defendant's Motion for Dismiss (Lack of Jurisdiction) be GRANTED.

IT IS SO ORDERED.


Summaries of

Geldert v. U.S.

United States District Court, S.D. California
Nov 28, 2006
CASE NO. 04CV1498 BEN (LSP) (S.D. Cal. Nov. 28, 2006)
Case details for

Geldert v. U.S.

Case Details

Full title:DALE GELDERT, DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE…

Court:United States District Court, S.D. California

Date published: Nov 28, 2006

Citations

CASE NO. 04CV1498 BEN (LSP) (S.D. Cal. Nov. 28, 2006)