Free Motion to Amend/Correct - District Court of California - California

Case 3:08-cv-02141-WHA

Document 13

Filed 06/25/2008

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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, AMENDED NOTICE OF DEFENDANT REDWOOD OIL COMPANY, INC.'S 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, 4th Floor Judge: Hon. Claudia Wilken

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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, 4th Floor of the United States Courthouse located at 1301 Clay Street, Oakland, 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:

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

4:08-cv-02141-CW

Case 3:08-cv-02141-WHA

Document 13

Filed 06/25/2008

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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 Amended Notice, the Memorandum of Points and Authorities, Declaration of Peter Van Aylea, and Request for Judicial Notice all filed with this Court on June 19, 2008, including 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 25, 2008

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

By:

/s/ Karin P. Beam Karin P. Beam

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

4:08-cv-02141-CW