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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JOHN A. BRUNO, Plaintiff, v. R. DAVID PAULISON, Director, Federal Emergency, Management Agency and NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Defendants. * * * * * * * * * * * * * * * * Civil No. RDB 08-0494 * * * * * *

MEMORANDUM OPINION Pending before this Court is Plaintiff John A. Bruno's ("Bruno") Motion for Leave to File Second Amended Complaint (Paper No. 31) pursuant to Fed. R. Civ. P. 15(a) and Local Rule 103.6. Defendants R. David Paulison, Director of the Federal Emergency Management Agency ("FEMA"), and Nationwide Mutual Fire Insurance Company ("Nationwide") (collectively, "Defendants") oppose the filing of a Second Amended Complaint and have separately moved to dismiss the lawsuit (Paper Nos. 5, 14, 20). The issues have been fully briefed by the parties and no hearing is necessary. See Local Rule 105.6 (D. Md. 2008). For the reasons stated below, Plaintiff's Motion for Leave to File Amended Complaint is GRANTED and Nationwide's Motion to Dismiss is DENIED. However, the action is DISMISSED as to Defendant FEMA for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1).
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BACKGROUND The disputed issues in this case relate to the National Flood Insurance Program ("NFIP"), which was established to make flood insurance available on reasonable terms and to reduce fiscal pressure on federal flood relief efforts. The NFIP is administered by the Director of the Federal Emergency Management Agency ("FEMA") under the National Flood Insurance Act of 1968, 42 U.S.C.

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