Free Motion to Dismiss/Lack of Jurisdiction - District Court of California - California

Case 3:08-cv-00563-DMS-POR

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Filed 06/02/2008

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JEFFER, MANGELS, BUTLER & MARMARO LLP MARTIN H. ORLICK (Bar No. 083908), [email protected] MATTHEW S. KENEFICK (Bar No. 227298), [email protected] Two Embarcadero Center, Fifth Floor San Francisco, California 94111-3824 (415) 398-8080 Telephone: (415) 398-5584 Facsimile: Attorneys for Defendant CENTRAL PURCHASING, LLC dba HARBOR FREIGHT TOOLS

7 8 9 10 II BARBARA HUBBARD, Plaintiff,
V.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

CASE NO.

08CV0563DMS POR

CENTRAL PURCHASING, LLC dba HARBOR FREIGHT TOOLS, et al., 15 Defendants.

NOTICE OF MOTION , MOTION FOR THE COURT TO DECLINE SUPPLEMENTAL JURISDICTION OVER AND TO DISMISS PLAINTIFF'S STATE LAW CLAIMS [28 U.S.C. § 1367(c)]
Accompanying Papers : Memorandum of Points and Authorities; Request for Judicial Notice; and (Proposed) Order

Date: Time: Dept: Judge: 20 21 22
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July 11, 2008 1:30 p.m. Courtroom 10 Hon. Dana M. Sabraw April 2, 2008 April 16, 2008

Complaint filed: 1st Am. Compl. filed:

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTIM that on July 11, 2008, at 1:30 p.m., before the Honorable Dana M. Sabraw in Courtroom 10 of the above-referenced court located at 940 Front Street, San Diego, California, Defendant Central Purchasing, LLC dba Harbor Freight Tools will, and hereby does, make a motion to this Court to Decline Supplemental Jurisdiction over and to
08CV0563DMS POR NOTICE OF MOTION; MOTION

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Dismiss Plaintiffs State Law Claims pursuant to 28 U.S.C. § 1367(c) (the "Motion"). This Motion is based upon this notice and motion, the accompanying Memorandum of Points and Authorities in Support of Motion for the Court to Decline Supplemental Jurisdiction Over and to Dismiss Plaintiffs' State Law Claims [28 U.S.C. § 1367(c)] filed and served concurrently herewith, the accompanying Request for Judicial Notice in Support of Motion for the Court to Decline Supplemental Jurisdiction Over and to Dismiss Plaintiffs' State Law Claims [28 U.S.C. § 1367(c)] filed and served concurrently herewith, as well as the complete files and records of this action and on such other and further evidence, arguments, and authorities as may be submitted prior to and during the hearing on this motion.

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DATED: June 2, 2008

JEFFER, MANGELS, BUTLER & MARMARO LLP MARTIN H. ORLICK MATTHEW S. KENEFICK

By: /s/ Martin H. Orlick MARTIN H. ORLICK Attorneys for Defendant CENTRAL PURCHASING, LLC dba HARBOR FREIGHT TOOLS

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Lynn Hubbard, Esq. Disabled Advocacy Group, APLC 12 Williamsburg Lane

PROOF OF SERVICE STATE OF CALIFO RNIA, CITY D COUNTY OF S FRANCISCO

I am employed in the City and County of San Francisco, State of California. I am over the age of 18 and not a party to the within action; my business address is: Two Embarcadero Center, 5th Floor, San Francisco, California 94111. On June 2, 2008 I served the document(s) described as NOTICE OF MOTION; MOTION FOR THE COURT TO DECLINE 1. SUPPLEMENTAL JURISDICTION OVER AND TO DISMISS PLAINTIFF'S STATE LAW CLAIMS [28 U.S.C. § 1367(c)]; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF 2. MOTION FOR THE COURT TO DECLINE SUPPLEMENTAL JURISDICTION OVER AND TO DISMISS PLAINTIFF'S STATE LAW CLAIMS [28 U.S.C. § 1367(c)]9 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR THE 3. COURT TO DECLINE SUPPLEMENTAL JURISDICTION OVER AND TO DISMISS PLAINTIFF'S STATE LAW CLAIMS [28 U.S.C. § 1367(c)]9 4. [Propo sed] ORDER RE: OTION FOR THE COURT TO DECLINE SUPPLEMENTAL JURISDICTION OVER AND TO DISMISS PLAINTIFF'S STATE LAW CLAIMS [28 U.S.C. § 1367(c)]9 in this action by placing the true copies thereof enclosed in sealed envelopes addressed as

Chico, CA 95926

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(BY MAIL) I am "readily familiar" with the firm's practice for collection and processing correspondence for mailing. Under that practice it would be deposited with the U. S. Postal Service on that same day with postage thereon fully prepaid at San Francisco, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (BY ELECTRONIC SERVICE TRANSMISSION via U.S. District Court, Southern Division, Case Management/Electronic Case Files, Filing System. I served a copy of the above-listed document(s) to the e-mail addresses of the addressee(s) by use as identified and maintained therein. , I transmitted, pursuant to Rule 2.306, the above-described document (BY FAX) At by facsimile machine (which complied with Rule 2003(3)), to the above-listed fax number(s). The transmission originated from facsimile phone number (415) 398-5584 and was reported as complete and without error. The facsimile machine properly issued a transmission report, a copy of which is attached hereto. (BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of the addressee.

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(BY OVERNIGHT DELIVERY) I caused said envelope(s) to be delivered overnight via an overnight delivery service in lieu of delivery by mail to the addressee(s). Executed on June 2, 2008 at San Francisco, California.

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(FEDERAL)

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I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

Angela Pereira

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