Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00047-WQH-POR

Document 4

Filed 03/10/2008

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KAREN P. HEWITT United States Attorney CINDY M. CIPRIANI Assistant U.S. Attorney Deputy Chief, Civil Division California State Bar No. 144402 United States Attorney's Office Federal Office Building 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-7390 Facsimile: (619) 557-5004 Email: [email protected] Attorneys for Defendant John Potter Postmaster General, United States Postal Service1/ UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA CHARLES JORDAN, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08cv0047-WQH (POR) NOTICE OF MOTION AND MOTION BY DEFENDANT POSTMASTER GENERAL JOHN POTTER TO DISMISS Date: Time: Ctrm: Judge: April 14, 2008 11:00 a.m. 10 Hon. William Q. Hayes

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[No Oral Argument Unless Requested by the Court]

TO PLAINTIFF AND HIS COUNSEL OF RECORD: Please take notice that on or as soon thereafter as counsel may be heard, in the courtroom of the Honorable William Q. Hayes, federal Defendant John Potter, Postmaster General of the United States Postal Service, through his attorneys of record, Karen P. Hewitt, United States Attorney, and Cindy Cipriani, Assistant U.S. Attorney, will bring on his motion to partially dismiss the instant complaint pursuant to Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 12(b)(1). Counsel need not appear for oral argument unless requested by the court. The operative complaint treats the United States and the Postal Service as interchangeable defendants. This motion is filed on behalf of both entities.
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Case 3:08-cv-00047-WQH-POR

Document 4

Filed 03/10/2008

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This motion for dismissal with prejudice is based on the ground that Plaintiff cannot establish a waiver of sovereign immunity that would give rise to district court jurisdiction over a complaint alleging fraud and California statutory claims against a federal agency. This motion is based on this Notice, the accompanying Memorandum of Points and Authorities and exhibits filed in support thereof, 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 (which will not occur unless requested by the Court) or otherwise. Dated: March 10, 2008 KAREN P. HEWITT United States Attorney s/ Cindy M. Cipriani Cindy M. Cipriani Assistant U.S. Attorney Attorney for Defendant United States of America

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Notice of Motion by Def. to Dismiss 08cv0047

Case 3:08-cv-00047-WQH-POR

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Filed 03/10/2008

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1 2 3 4 5 6 7 CHARLES JORDAN,

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08cv0047-WQH (POR) CERTIFICATE OF SERVICE Date: Time: Ctrm: Judge: April 14, 2008 11:00 a.m. 10 Hon. William Q. Hayes

Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants.

8 9 10 11 12 IT IS HEREBY CERTIFIED THAT:

[No Oral Argument Unless Requested by the Court]

I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My business address is 880 Front Street, Room 6293, San Diego, California 92101-8893. I am not a party to the above-entitled action. I have caused service of:

13 1) 14 15 16 17 18 19 20 21 22 23 24 N/A 25 26 27 the last known address, at which place there is delivery service of mail from the United States Postal Service. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 10, 2008. s/Cindy M. Cipriani CINDY M. CIPRIANI Joseph Warren Giovanazzi Law Office of Joseph Giovanazzi 931 Grand Avenue Carlsbad, CA 92008 [email protected] 3) 2) NOTICE OF MOTION AND MOTION BY DEFENDANT JOHN POTTER TO DISMISS (dated 03/10/08) MEMORANDUM OF POINTS AND AUTHORITIES BY DEFENDANT POSTMASTER GENERAL JOHN POTTER IN SUPPORT OF MOTION TO DISMISS (dated 03/10/08) TABLE OF EXHIBITS IN SUPPORT OF DEFENDANT POSTMASTER GENERAL JOHN POTTER'S MOTION TO DISMISS (dated 03/10/08) (plus Exhibits A through C attached thereto)

on the following parties by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies them.

I hereby certify that I have caused to be mailed the foregoing, by the United States Postal Service, to the following non-ECF participants on this case: