Binion v. USA

Filing 27

MINUTE ORDER; 25 Motion for Leave to File Motion to Dismiss for Lack of Jurisdiction is GRANTED. The Clerk of Court is directed to file Defendants Motion to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P 12(b)(1). (Doc. No. 25-1.) Plaintiff shall respond to Defendants Motion to Dismiss no later than September 10, 2014. Defendant may file a reply no later than September 24, 2014, by Magistrate Judge Kathleen M. Tafoya on 8/21/14.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 13–cv–02602–KMT

BARBARA BINION,
Plaintiff,
v.
THE UNITED STATES OF AMERICA,
Defendant.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
Defendant’s “Motion for Leave to File Motion to Dismiss for Lack of Jurisdiction” (Doc. No. 25,
filed Aug. 20, 2014) is GRANTED. While the court acknowledges that Plaintiff opposes
Defendant’s motion—presumably because it was filed after the Dispositive Motions Deadline—
Fed. R. Civ. P. 12(h)(3) provides that “[i]f the court determines at any time that it lacks subjectmatter jurisdiction, the court must dismiss the action.” (emphasis added). As such, the
expiration of the dispositive motions deadline cannot foreclose the filing of a motion to dismiss
under Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction. The Clerk of Court is
directed to file Defendant’s “Motion to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ.
P 12(b)(1).” (Doc. No. 25-1.)
Plaintiff shall respond to Defendant’s Motion to Dismiss no later than September 10, 2014.
Defendant may file a reply no later than September 24, 2014.
Dated: August 21, 2014