Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00028-WQH-WMC

Document 15

Filed 04/03/2008

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MILLER BROWN & DANNIS SYMPHONY TOWERS 750 B STREET, SUITE 2310 SAN DIEGO, CA 92101

SUE ANN SALMON EVANS, State Bar No. 151562 [email protected] AMY R. LEVINE, State Bar No. 160743 [email protected] SARAH L. W. SUTHERLAND, State Bar No. 239889 [email protected] MILLER BROWN & DANNIS Symphony Towers 750 B Street, Suite 2310 San Diego, CA 92101 Telephone: (619) 595-0202 Facsimile: (619) 702-6202 Attorneys for Defendant SAN DIEGO UNIFIED SCHOOL DISTRICT

10 11 12 13 14 15 Plaintiffs, 16 17 18 19 20 21 22 23 24 TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: 25 PLEASE TAKE NOTICE that on May 12, 2008, at 11:00 a.m. or as soon thereafter as 26 the matter may be heard in Courtroom 4 of the above-entitled Court, located at 940 Front Street, 27 San Diego, California, 92101, Defendant San Diego Unified School District ("District") will 28 1
DEFENDANT SAN DIEGO UNIFIED SCHOOL DISTRICT'S AMENDED NOTICE OF AND MOTION TO DISMISS; CASE NO. 08 CV 0028 WQH WMc

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

T.B., Allison Brenneise and Robert Brenneise,

Case No. 08 CV 0028 WQH WMc AMENDED NOTICE OF MOTION AND MOTION TO DISMISS THIRD AND FOURTH CLAIMS Date: Time: Dept.: Judge: May 12, 2008 11:00 a.m. 4 Hon. William Q. Hayes January 4, 2008

v. San Diego Unified School District, Defendant.

Complaint Filed:

NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT

LB 107086v1

Case 3:08-cv-00028-WQH-WMC

Document 15

Filed 04/03/2008

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MILLER BROWN & DANNIS SYMPHONY TOWERS 750 B STREET, SUITE 2310 SAN DIEGO, CA 92101

and hereby does move this Court for an order dismissing with prejudice Plaintiffs' Third and Fourth Claims for Relief pursuant to Federal Rules of Civil Procedure, rule 12, subdivisions (b)(1) and (b)(6) as Plaintiffs have failed to state a claim upon which relief may be granted and this Court lacks jurisdiction over their claims. (Fed. Rules Civ. Proc., rules 12(b)(1) and 12(b)(6).) This amended motion is based upon this Amended Notice of Motion, the Amended Memorandum of Points and Authorities and Request for Judicial Notice submitted concurrently herewith, the pleadings and papers on file herein and such further documentary or oral evidence and argument as may be presented at the hearing. Dated: April 3, 2008 MILLER BROWN & DANNIS

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By: /sAmy R. Levine SUE ANN SALMON EVANS AMY R. LEVINE SARAH L.W. SUTHERLAND Attorneys for Defendant SAN DIEGO UNIFIED SCHOOL DISTRICT

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LB 107086v1

DEFENDANT SAN DIEGO UNIFIED SCHOOL DISTRICT'S AMENDED NOTICE OF AND MOTION TO DISMISS; CASE NO. 08 CV 0028 WQH WMc