Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00863-JM-AJB

Document 7

Filed 06/13/2008

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KAREN P. HEWITT United States Attorney MEGAN CALLAN Assistant U.S. Attorney California Bar No. 230329 U.S. Attorney's Office 880 Front Street, Room 6293 San Diego, CA 92101-8893 Telephone: (619) 557-7120 Facsimile: (619) 557-5004 E-mail: [email protected] Attorneys for Defendants UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA DOSTART CLAPP GORDON &) COVENEY, LLP, a limited liability) partnership, ) ) Plaintiff, ) ) v. ) ) UNITED STATES DEPARTMENT OF) LABOR; ELAINE L. CHAO, in her official) capacity as Secretary of Department of) Labor; and DOES 1 through 20, inclusive, ) ) Defendants. ) ___________________________________ ) To the Court and Plaintiff through Counsel: Please take notice that on the date set forth above or as soon as counsel may be heard, in the courtroom of the Honorable Jeffrey T. Miller, federal defendants, through their attorneys of record, Karen P. Hewitt, United States Attorney, and Megan Callan, Assistant U.S. Attorney, will bring on their motion to dismiss the instant complaint pursuant to Federal Rules of Civil Procedure 12(b). This motion for dismissal is based on the grounds that Plaintiff has not established subject matter jurisdiction and has failed to state a claim upon which relief may be granted. // // // Civil No. 08cv0863-JM (AJB) NOTICE OF MOTION AND MOTION BY DEFENDANTS TO DISMISS [Fed.R.Civ.P. 12(b)(1), (b)(6)] Date: August 1, 2008 Time: 1:30 p.m. Court: 16 The Honorable Jeffrey T. Miller [Defendants Do Not Request Oral Argument]

Case 3:08-cv-00863-JM-AJB

Document 7

Filed 06/13/2008

Page 2 of 2

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This motion is based on this notice, the accompanying Memorandum of Points and Authorities, Plaintiff's Complaint, the Court's files and records in this and pending related actions, and any other matter the court may consider at oral argument or otherwise. // Dated: June 13, 2008 Respectfully submitted, KAREN P. HEWITT United States Attorney s/ Megan Callan MEGAN CALLAN Assistant U.S. Attorney Attorneys for Defendants Email: [email protected]

Notice of Motion to Dismiss

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08cv0863