Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-02141-WHA

Document 8

Filed 06/19/2008

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Cameron S. Kirk, Esq. (SB# 108013) Karin P. Beam, Esq. (SB# 112331) SPAULDING McCULLOUGH & TANSIL LLP 90 South E Street, Suite 200 P.O. Box 1867 Santa Rosa, CA 95402 Telephone: (707) 524-1900 Facsimile: (707) 524-1906 [email protected]; [email protected] Attorneys for Defendant REDWOOD OIL COMPANY, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

NORTHERN CALIFORNIA RIVER WATCH, a Case No.: 4:08-cv-02141-CW Non-Profit Corporation, Plaintiff, DEFENDANT REDWOOD OIL COMPANY, INC.'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT AND FOR INJUNCTIVE RELIEF (Federal Civil Procedure 12(b)(6)) Date: August 28, 2008 Time: 2:00 p.m. Courtroom: 2 Judge: Hon. Claudia Wilken

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DEFENDANT REDWOOD OIL COMPANY, INC.'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT

REDWOOD OIL COMPANY, INC. and DOES 1-10, inclusive, Defendants.

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: PLEASE TAKE NOTICE THAT at 2:00 p.m. on August 28, 2008, or as soon thereafter as the matter may be heard before the Honorable Claudia Wilken of the United States District Court for the Northern District of California in Courtroom 2 of the United States Courthouse located at 450 Golden Gate Avenue, San Francisco, California, defendant Redwood Oil Company, Inc. will move this Court for an Order Granting its Motion to Dismiss the Complaint of plaintiff Northern California River Watch. Specifically, Redwood Oil Company, Inc. seeks the following relief:

4:08-cv-02141-CW

Case 3:08-cv-02141-WHA

Document 8

Filed 06/19/2008

Page 2 of 2

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Dismissal of the Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil

Procedure based on the fact that the Complaint fails to state a claim against Redwood Oil Company, Inc. upon which relief can be granted lacks subject matter jurisdiction; and 2. judicata. This Motion is based upon this Notice, the Memorandum of Points and Authorities filed herein, the Declaration of Peter Van Aylea, the Request for Judicial Notice, all pleading, files and record herein, and all matters and argument presented to the Court at the hearing of this Motion. For injunctive relief, enjoining the prosecution of the pending claim on the basis of res

DATED: June 19, 2008

SPAULDING McCULLOUGH & TANSIL LLP Attorneys for Defendant REDWOOD OIL COMPANY, INC.

By:

/s/ Karin P. Beam Karin P. Beam

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DEFENDANT REDWOOD OIL COMPANY, INC.'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT

4:08-cv-02141-CW