DME Construction Associates Inc. v. United States of America et al.
| DME Construction Associates Inc. |
| Jacob Lew and United States of America |
| 2:2015cv04322 |
| July 23, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Steven I. Locke |
| Arthur D. Spatt |
| Miller Act |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| None |
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Filing
18
MEMORANDUM OF DECISION AND ORDER granting 11 Motion to Dismiss for Lack of Jurisdiction; the Court finds that, under the facts and circumstances of this case, the APA does not constitute a waiver of the Defendants sovereign immunity, and therefore , does not provide a sufficient jurisdictional basis for the Plaintiffs monetary claim. Therefore, the Defendants motion to dismiss the complaint under Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction is granted. The Court need not re ach the Defendants remaining contentions. The Clerk of the Court is respectfully directed to close this case. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 5/21/2016. cm by cm/ecf to counsel and Judgment Clerk. (Coleman, Laurie)
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