ZELAYA v. U.S.

Case No. 11-62644-Civ.

890 F.Supp.2d 1311 (2012)

Carlos ZELAYA, individually, and George Glantz, individually and as trustee of the George Glantz Revocable Trust, for themselves and on behalf of all those persons similarly situated, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S.D. Florida.

September 7, 2012.


Attorney(s) appearing for the Case

Gaytri D. Kachroo , John H. Ray, III , Kachroo Legal Services PC, Cambridge, MA, Sean R. Santini , Santini Law, Miami, FL, Brandon Ross Levitt , Kachroo Legal Services, P.C., New York, NY, for Plaintiffs.

Phil MacWilliams , U.S. Department of Justice, Washington, DC, for Defendant.


ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS

ROBERT N. SCOLA, JR., District Judge.

THIS MATTER is before the Court on the Defendant's Motion to Dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) (ECF No. 12). For the reasons explained in this Order, the Motion to Dismiss is granted in part and denied in part.

BACKGROUND1

The Plaintiffs...

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