DAVID B. BARLOW, United States Attorney (#13117) CARLIE CHRISTENSEN, Assistant United States Attorney (#0633) JARED C. BENNETT, Assistant United States Attorney (#9097) 185 South State Street, #300 Salt Lake City, Utah 84111 Telephone: (801) 524-5682 Attorneys for the United States of America
IN THE UNITED STATES DISTRICT COURT, DISTRICT OF UTAH CENTRAL DIVISION
WASATCH EQUALITY; RICK ALDEN; DREW HICKEN; BJORN LEINES; AND RICHARD VARGA, Plaintiffs, vs. ALTA SKI LIFTS COMPANY, d.b.a. ALTA SKI AREA; UNITED STATES FOREST SERVICE; and DAVID WHITTEKIEND, Wasatch-Cache National Forest Supervisor; Defendants. Civil No. 2:14CV26DB
MOTION TO DISMISS
Honorable Dee Benson
Service”) and David Whittekiend (collectively “Federal Defendants”) move to dismiss Plaintiff’s
Complaint because this Court lacks subject matter jurisdiction and because Plaintiffs have failed to state a claim on which relief can be granted. Specifically, this Court lacks subject matter jurisdiction because the United States has not waived its sovereign immunity. Further, even assuming a waiver of sovereign immunity, Plaintiffs have failed to state a claim under the Fifth Amendment. Consequently, this Court should dismiss the Complaint with prejudice.
Case 2:14-cv-00026-DB Document 25 Filed 03/31/14 Page 1 of 24