G. TIDWELL, District Judge
The above-styled matter is presently before the court on plaintiff's motion to dismiss claimant's counterclaim [docket no. 13].
Plaintiff filed this Complaint for Forfeiture against defendant aircraft seized on the grounds that it "was used, or was intended to be used, to transport or facilitate the transportation, sale, receipt, possession, or concealment of a controlled substance." On December 14, 2005, Tower Systems, Inc. filed its answer and counterclaim alleging that the United States "illegally restrained" the subject aircraft and that Tower Systems is entitled to the "reasonable value of the aircraft-for-hire from the period of restraint and conversion. . . ."
On December 16, 2005, plaintiff filed a motion to dismiss claimant Tower System's counterclaim on the grounds that (1) it is a complaint for tort damages and therefore, this court lacks subject matter jurisdiction under the doctrine of sovereign immunity, and (2) no claims have been asserted against Claimant, preventing the assertion of a counterclaim. Claimant, in its response to the motion to dismiss, concedes that it is not entitled to any affirmative relief against the Government at this time. Therefore, the court hereby GRANTS plaintiff's motion to dismiss claimant's counterclaim [docket no. 13].
Summary
Plaintiff's motion to dismiss claimant's counterclaim [docket no. 13] is GRANTED.
SO ORDERED.