Free Motion for More Definite Statement - District Court of California - California

V Case 3:07-cv-O2400-SI Document 47 Filed 12/17/2007 Page 1 of 2 ;
1 SUE ANN SALMON EVANS, State Bar No. 151562 *
AMY R. LEVINE, State Bar No. 160743 _
2 MATTHEW IUHL-DARLINGTON, State Bar No. 215375
MILLER BROWN & DANNIS
3 71 Stevenson Street, 19th Floor - (
San Francisco, CA 94105 . —»
4 Telephone: (415) 543-41 1 l
Facsimile: (415) 543-4384 r
5 .
Attorneys for Defendants ` 7
6 MOUNT DIABLO UNIFIED SCHOOL DISTRICT,
MILDRED BROWN, and KEN FERRO V
7 .
8 UNITED STATES DISTRICT COURT
5 9 NORTHERN DISTRICT OF CALIFORNIA
Q E L8 10 » :
5 E PF
S 21; 11 MICHAEL PETERSEN on behalf of Case No. C07-02400 SI
°; QQ himself and parent and next of hiend to
§ ff 8 12 Mike Jr. and Ryan disabled minor children DISTRICT DEFENDANTS’ NOTICE AND
ex Ul E
m g g 13 PRO SE, SECOND MOTION TO STRIKE THE
Qi - _ COMPLAINT AND/OR FOR A MORE
§ Q 5 14 Plaintiffs, . DEFINITE STATEMENT I
2 U) (Fed. R. Civ. P. 12(b)(6), 12(e))
" 1 5 v. l
e Hearing Date: February 8, 2008 _
16 CALIFORNLA SPECIAL EDUCATION Hearing Time: 9:00 a.m.
17 HEARING OFFICE, MCGEORGE Courtroom: 10, 19th Flr.
SCHOOL OF LAW et al. HEARING Judge: _ Hon. Susan Illston
18 OFFICER, VINCENT PASTORINO
MOUNT DIABLO UNIFIED SCHOOL 1
19 DISTRICT et al MILDRED BROWN, . I
` · individually and in her official capacity as
20 assistant superintendent of special
21 education KEN FERRO, individually and
in his official capacity as Alternative
22 Dispute Resolution Administrator,
23 Defendants.
24
25 (
26 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
27 NOTICE IS HEREBY GIVEN that on February 8, 2008 at 9:00 a.m., or as soon
28 » thereafter as the matter may be heard in Courtroom 10 of the above-referenced court,
1
DISTRICT DEFENDANTS’ NOTICE AND SECOND MOTION TO STRIKE . CASE NO. C07-02400
291798_1 THE COMPLAINT AND/OR FOR A MORE DEFINITE STATEMENT

Case 3:07-cv-02400-SI Document 47 Filed 12/17/2007 Page 2 of 2 _ ;
1 1 Defendants MOUNT DIABLO UNIFIED SCHOOL DISTRICT, MILDRED BROWN, and _ “
2 KEN FERRO ("District Defendants") will move to dismiss "Plaintiff’ s Response to Order of
3 11/6/07 Requiring More Definite Statement Pursuant to Defendant’s F.R.C.P. 12(e) Motion"
4 ("Amended Complaint”) or, in the altemative, for a more definite statement. 1 I
5 District Defendants seek dismissal of the Amended Complaint in its entirety on the
n l 6 grounds that it fails to state a claim upon which relief can be granted pursuant to Federal Rules
7 of Civil Procedure ("FRCP"), Rule 12(b)(6).
8 In the alternative, District Defendants seek an Order from this Court directing Plaintiffs
x 9 1 to provide a more definite statement, pursuant to FRCP, Rule 12(e), as to the bases of the
o .
Q *-EQ 10 Amended Complaint’s claims and relief sought. The An1ended Complaint fails to put District a
§ »— E T11; 11 Defendants on proper notice of the claims against them, thereby preventing them from
¤z$ u_, 4.,:
gg g` 12 adequately responding thereto.
tx E ° -
Egg 13 This motion will be based on this Notice, the attached memorandum of points and
j E u.
ig;) 14 authorities, and on such oral and documentary evidence as may be presented at or before
l I: 15 hearing. -
16 DATED: December 17, 2007 MILLER BROWN & DANNIS U
17d
18 _ ·
By: Am R. Levine
19 AMY R. LEVINE ”`
Attorneys for Defendants
20 MOUNT DIABLO UNIFIED SCHOOL
DISTRICT, MILDRED BROWN, and KEN
21 FERRO `
22
23
24
25 A . -
26 A .
27
28
2 .
DISTRICT DEFENDANTS’ NOTICE AND SECOND MOTION TO STRIKE CASE NO. C07-02400
291798_1 THE COMPLAINT AND/OR FOR A MORE DEFINITE STATEMENT

Case 3:07-cv-02400-SI

Document 47

Filed 12/17/2007

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Case 3:07-cv-02400-SI

Document 47

Filed 12/17/2007

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