UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION
October 6, 2010
BRIGITTA STEINBRECHER, PLAINTIFF,
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS
DATE: October 4, 2010 TIME: 1O:00 a.m. COURTROOM: 8
Defendant's Motion to Dismiss having come on for hearing on October 4, 2010 before the Honorable Manuel L. Real, and the Court having considered the pleadings on file and the Motion to Dismiss, the Court finds that the plaintiff alleges in her complaint that she presented a claim to the public entity defendant on July 1, 2010.
Pursuant to 28 U.S.C. §§ 2401(b), and 2675(a) a prerequisite to subject matter jurisdiction in the District Court over an action brought pursuant to the Federal Tort Claims Act is the passage of six months after the tort claim is presented for administrative consideration, or denial by the federal agency of the Federal Tort Claim, whichever occurs first. Six months has not elapsed since the alleged tort claim was presented on July 1, 2010. Accordingly, the Court lacks subject matter jurisdiction.
Defendant's motion to dismiss is granted without prejudice.
ANDRÉ BIROTTE JR. United States Attorney
LEON W. WEIDMAN Assistant United States Attorney Chief, Civil Division
MARCUS M. KERNER Assistant United States Attorney Attorneys for Defendant
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