WEST PALM BEACH, Fla. — A lawsuit filed by the victims of the Pulse nightclub massacre and their families against the gunman’s wife and employer is in jeopardy of being dismissed in federal court.
Federal Judge Kenneth A. Marra filed the order questioning if the federal court system had jurisdiction in the case, determining that as presented it did not.
The lawsuit was filed Wednesday in federal court in South Florida on behalf of more than four dozen of the survivors and family members of those killed at Pulse nightclub last June.
[ WATCH: Victims of Pulse attack announce lawsuit ]
Forty-nine people were killed during the worst mass shooting in modern U.S. history at the gay nightclub. Dozens more were injured.
Personal injury attorney Antonio Romanucci said Omar Mateen’s employer at the time of the shooting, security company G4S, knew Mateen was mentally unstable yet allowed him to carry a gun in his job as a security guard.
Mateen had a firearm license through his job.
Mateen’s wife, Noor Salman, is currently in California jail awaiting trial.
She has pleaded not guilty to federal charges of aiding and abetting, and obstruction of justice in connection with the Pulse shooting.
[ Channel 9's full coverage of the Pulse attack ]
Prosecutors have said Salman accompanied her husband when he cased locations for potential terrorist attacks and knew ahead of time that he was planning the attack.
"Rather than warn authorities, she kept it a secret and acted as his accomplice," Romanucci said.
The lawsuit filed on behalf of the victims and their families claims wrongful death, negligence and other counts.
In his order, Marra argued that the concept of “complete diversity” must exist if a federal court is able to try this type of civil lawsuit.
Because many of the plaintiffs and two of the defendants are citizens of, or operate in, Florida, that requirement has not been met.
“As such, the case must be dismissed for lack of subject matter jurisdiction,” Marra said.
He gave the plaintiffs 10 days from his Thursday order to file an amended complaint that meets the requirements needed to give the federal court system jurisdiction on the case.
The order did not dispute any merits of the case one way or the other, only whether or not it could be heard in federal court.
As of Sunday, a response and/or amended complaint had not been filed by the attorney representing the Pulse shooting victims and their families.