Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02388-DMS-POR

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Filed 04/07/2008

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KAREN P. HEWITT United States Attorney STEVE B. CHU Assistant U.S. Attorney California Bar No. 221177 Office of the U.S. Attorney 880 Front Street, Room 6293 San Diego, CA 92101-8893 Telephone: (619) 557-5682 Attorneys for all Federal Defendants

UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MICHAEL FOX, ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, et al ) ) ) Defendant. ) ) ) ) ) ) ) ) ) ______________________________________ ) Civil Case No. 07CV2388-DMS (POR) THE FEDERAL DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S ACTION Date: Time: Crtrm: Judge: May 16, 2008 1:30 p.m. 10 Hon. Dana Sabraw

[No Oral Argument per local rule Unless Requested by the Court]

Please take notice that on or as soon thereafter as counsel may be heard, in the courtroom of the Honorable Dana Sabraw, the Federal Defendants, through their attorneys of record, Karen P. Hewitt, United States Attorney, and Steve B. Chu Assistant U.S. Attorney, will bring on their motion to dismiss Plaintiff's action pursuant to Federal Rules of Civil Procedure ("F.R.C.P.") 12(b)(1)-(6). Counsel need not appear for oral argument unless requested by the court. This motion for dismissal with prejudice is based on the ground that Plaintiff has failed to plead with sufficient specificity, based his case upon insubstantial allegations, and failed to exhaust his administrative remedies.

Case 3:07-cv-02388-DMS-POR

Document 21

Filed 04/07/2008

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This motion is based on this Notice, the accompanying Memorandum of Points and Authorities and exhibits filed in support thereof, Plaintiff's Complaint, First Amended Complaint, the court's files and records in this and pending related actions, and any other matter the court may consider at oral argument or otherwise.

DATED: April 7, 2008 7 8

KAREN P. HEWITT United States Attorney /s Steve B. Chu

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STEVE B. CHU Assistant U.S. Attorney Attorneys for all Federal Defendants