Free Notice (Other) - District Court of California - California

Case 3:08-cv-01174-W-WMC

Document 6

Filed 08/05/2008

Page 1 of 5

1
2

3 4 5 6
7

STAGEY E. JAMES, Bar No. 185651 JUSTIN A. MORELLO, Bar No. 239250 LITTLER MENDELSON A Professional Corporation 501 W. Broadway, Suite 900 San Diego, CA 92101.3577 Telephone: 619.232.0441 Attorneys for Defendant SERVICE SOLUTIONS GROUP LLC

8 9 10 11 12 13 14 15 v.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA CINDY KING FEINSTEIN, Plaintiff, Case No. 08CV1174 W(WMc) DEFENDANT SERVICE SOLUTIONS GROUP LLC'S NOTICE OF UNOPPOSED MOTION REGARDING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT [F.R.C.P 8(a), 12(b)(6); 12(e); CivLR 7.1.f.3.c] Hearing Date: Time: Judge: August 11,2008 (No Oral Argument Required under Local Rule 7.1(d)(l)) Hon. Thomas J. Whelan

SERVICE SOLUTIONS GROUP LLC; BARKERS FOOD MACHINERY SERVICE; FRANK HOLDING AG; and DOES 1-25, Defendants.

16 17 18 19 20 21 22 23 24 25 26 27
28
LITTLER MENDELSON
A PROfEISIOHAt CODPORATION
501 W Bioidwiy

Complaint Filed: November 20, 2007

Suit* 900 S*n Diego, CA 92101 3577 619 232 0441

NOTICE OF UNOPPOSED MOTION REGARDING DEFENDANT'S MOTION TO DISMISS

CASE NO. 08CV1174 W (WMc)

Case 3:08-cv-01174-W-WMC

Document 6

Filed 08/05/2008

Page 2 of 5

1

On July 10, 2008, Defendant Service Solutions Group, LLC timely filed and served its Motion to Dismiss Plaintiffs complaint under Federal Rules of Civil Procedure 8(a), 12(b)(6), and 12(e). Attached as Exhibit A is a true and correct copy of the proof of service of Defendant's Motion to Dismiss that is on file with this Court. NOTICE IS HEREBY GIVEN that Plaintiff Cindy King Feinstein has not opposed Defendant's pending motion to dismiss Plaintiffs complaint within the tune permitted by Southern District of California Local Rule 7.1.e.2. Accordingly, Plaintiff has consented to the granting of Defendant's motion. CivLR 7.1.f.3.c; Hon. Judge Whelan Chamber Rules. Because Plaintiff has consented to the dismissal of her complaint, Defendant offers this notice of unopposed motion and respectfully requests that this Court dismiss Plaintiffs complaint. Dated: August 5, 2008 Respectfully submitted,

2 3
4 5 6 7 8 9
10 11 12 13 14 15 16 17

s/Justin A. Morello STAGEY E. JAMES JUSTIN A. MORELLO Attorneys for Defendant Email: sjames(g),littler.com; [email protected]

Firmwide:86117717.1 046687.1149

18 19 20 21 22 23 24 25 26 27 28
LITTLER MENDELSON A PHOFEIIIQMI COKPQRATIC 501 W Broidway Suili 900

NOTICE OF UNOPPOSED MOTION REGARDING DEFENDANT'S MOTION TO DISMISS

1.

CASE NO. 08CV1174 W (WMc)

Case 3:08-cv-01174-W-WMC

Document 6

Filed 08/05/2008

Page 3 of 5

1
2 3 4 5 6 7 8 9 10

PROOF OF SERVICE BY MAIL I am employed in San Diego County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is 501 W. Broadway, Suite 900, San Diego, California 92101.3577. I am readily familiar with this firm's practice for collection and processing of correspondence for mailing with the United States Postal Service. On August 5, 2008, I placed with this firm at the above address for deposit with the United States Postal Service a true and correct copy of the within documents): DEFENDANT SERVICE SOLUTIONS GROUP LLC'S NOTICE OF UNOPPOSED MOTION REGARDING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT [F.R.C.P 8(a), 12(b)(6); 12(e); CivLR 7.1.f.3.c] in a sealed envelope, postage fully paid, addressed as follows; Mary Elizabeth Bullock 3955 Faircross Place, #73 San Diego, CA 92115 619.677.4066 phone 619.727.4907 fax Attorney for Plaintiff

11 12 13 14 15

Following ordinary business practices, the envelope was sealed and placed for

16
collection and mailing on this date, and would, in the ordinary course of business, be deposited with

17
the United States Postal Service on this date.

18
I declare that I am employed in the office of a member of the bar of this court at

19
whose direction the service was made.

20
Executed on August 5,2008, at San Diego, California.

21 22 23 24 25 26 27 28
LITTLER MENDELSON
A PROfEfltoHAi CORPORATION SOI W BioloVlr Sun. 900 SmDitjo. CA 92101 3577

PROOF OF SERVICE Firmwide:85841158.1 046687.1149

CASE NO. 08CV1174 W (WMc)

619 2320441

Case 3:08-cv-01174-W-WMC

Document 6

Filed 08/05/2008

Page 4 of 5

EXHIBIT A

Case 3:08-cv-01174-W-WMC Document 6 Case3:08-cv-01174-W-WMC Documents

(

Filed 08/05/2008 Filed 07/10/2008

(

Page 5 of 5 Page 3 of 3

1

PROOF OF SERVICE BY MAIL

2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LITTLERMENOEL80N
* P|*Mt|lMM CWWItHM

I am employed in San Diego County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is 501 W. Broadway, Suite 900, San Diego, California 92101.3577. I am readily familiar with this firm's practice for collection and processing of correspondence for mailing with the United States Postal Service. On July 10,2008,1 placed with this firm at the above address for deposit with the United States Postal Service a true and correct copy of the within document(s):
DEFENDANT SERVICE SOLUTIONS GROUP LLC'S NOTICE OF MOTION TO DISMISS PLAINTIFF'S COMPLAINT [F.R.C.P 8(A), 12(B)(6); 12(E)] DEFENDANT SERVICE SOLUTIONS GROUP LLC'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS PLAINTIFF'S COMPLAINT (F.R.C.P 8(A), 12(BX6){ 12(E)J DECLARATION OF JUSTIN A. MORELLO IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT [F.R.C.P 8(A), 12(BX6); 12(E)]

in a sealed envelope, postage fully paid, addressed as follows:
Mary Elizabeth Bullock Attorney for Plaintiff

3955 Faircross Place, #73 San Diego, CA 92115 619.677.4066 phone 619.727.4907 fax Following ordinary business practices, the envelope was sealed and placed for collection and mailing on this date, and would, in the ordinary course of business, be deposited with the United States Postal Service on this date. 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.
Executed on July 10,2008, at San Diego, California.

IWM'W "' ···DM*.c» «t«t»rr
·tt>»M4l

PROOF OF SERVICE Firmwide:85Ml 15S.1 046687.1149

CASE NO. 08CV1174 W (WMc)