Volak v. Whomble & Sons Inc et al
| Louis F Volak |
| Whomble & Sons Inc, Yukon National Bank and Veterans Affairs, Department of |
| 5:2007cv01002 |
| September 12, 2007 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| Oklahoma |
| Stephen P. Friot |
| P.I.: Other |
| 28 U.S.C. ยง 2671 Federal Tort Claims Act |
| Plaintiff |
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Filing
30
ORDER. To the extent 21 Defendant United States' Motion to Dismiss is brought under Rule 12(b)(1) for lack of jurisdiction based on the doctrine of sovereign immunity as that doctrine is expressed in the governmental non-liability provision of 38 USC 2105, the mtn is GRANTED. Alternatively, if the ct is required to convert the govt's facial challenge to jurisdiction under Rule 12(b)(1) to a mtn challenging the viability of the complaint under Rule 12(b)(6), then the ct concludes that plf's claims against the govt are not viable under the standards of Rule 12(b)(6) & his claims against the govt are dismissed under that rule. Under either analysis, plf's claims against the govt are DISMISSED w/prej because amendment woul d be futile. The ct declines to exercise suppl jurisdiction over the remaining state law claims. The state law claims are dismissed w/o prej. With no claims remaining for adjudication, this action is DISMISSED. Signed by Honorable Stephen P. Friot on 2/5/08. (llg)
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