United States District Court, D. Idaho
MEMORANDUM DECISION AND ORDER
C. NYE, U.S. DISTRICT COURT JUDGE
before the Court is Defendants' Motion to Dismiss for
Lack of Jurisdiction. Dkt. 15. Having reviewed the record and
briefs, the Court finds that the facts and legal arguments
are adequately presented. Accordingly, in the interest of
avoiding further delay, and because the Court finds that the
decisional process would not be significantly aided by oral
argument, the Court will decide the Motion without oral
argument. Dist. Idaho Loc. Civ. R. 7.1(d)(2)(ii). For the
reasons set forth below, the Court finds good cause to GRANT
Sandra Lequieu alleges that, on January 11, 2013, she slipped
and fell on a sidewalk outside the United States Postal
Service's Office in Bonners Ferry, Idaho. Lequieu alleges
that the sidewalk was improperly maintained.
January 9, 2015, the Postal Service received notice of
Lequieu's administrative tort claim. On October 26, 2015,
the Postal Service formally denied Lequieu's tort claim.
In its denial letter, the Postal Service told Lequieu that:
. . . if dissatisfied with the Postal Service's final
denial of an administrative claim, a claimant may file
suit in a United States District Court no later than six (6)
months after the date the Postal Service mails the notice of
that final action. Accordingly, any suit filed in
regards to this denial must be filed no later than six (6)
months from the date of the mailing of this letter, which is
the date shown above. Further, note the United States of
America is the only proper defendant in a civil action
brought pursuant to the Federal Claims Act and such suit may
be heard only by a federal district court.
Dkt. 10, at 3. (emphasis added).
April 1, 2016-within the required six-month period-Plaintiff
filed the above-captioned action. However, rather than naming
the United States as required, Lequieu named the United
States Post Office - Bonners Ferry, and two employees, as
Defendants in her FTCA action.
August 25, 2017, the Court granted Lequieu's motion to
proceed in forma pauperis. In its Memorandum
Decision and Order, the Court directed Lequieu to proceed
with serving her summons and complaint and referenced the
District's general instructions to pro se
litigants-should Lequieu have any questions.
October 3, 2017, the Court dismissed the action sua
sponte for failure to comply with the Federal Tort
Claims Act (FTCA). Upon Lequieu's motion to
reconsider-and with supplemental documentation showing she
had complied with the FTCA-the Court re-opened the case on
October 23, 2017. In that Order, the Court included the same
admonition regarding service.
February 8, 2018, the clerk of the Court issued summons for
the three named Defendants. On February 20, 2018, Lequieu
personally served each of the Defendants at the Bonner's
Country Post Office.
motion to dismiss under Federal Rule of Civil Procedure
12(b)(1) challenges the Court's subject matter
jurisdiction. A lack of jurisdiction is presumed unless the
party asserting jurisdiction establishes that it exists.
See Kokkonen v. Guardian Life Ins. Co. of Am., 511
U.S. 375, 377 (1994). Thus, the plaintiff bears the burden of
proof on a Rule 12(b)(1) motion to dismiss for lack of
subject matter jurisdiction. Sopcak v. Northern Mountain
Helicopter Serv., 52 F.3d 817, 818 (9th Cir. ...