Free Motion for Judgment on the Pleadings - District Court of California - California

Case 3:07-cv-02132-DMS-AJB

Document 7

Filed 12/05/2007

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David Israel, Esq. (LSB No. 7174) Bryan C. Shartle, Esq. (LSB No. 27640) SESSIONS, FISHMAN & NATHAN, L.L.P. Lakeway Two, Suite 1240 3850 North Causeway Boulevard Metairie, LA 70002-1752 Telephone: (504) 828-3700 Facsimile: (504) 828-3737

(SPACE BELOW FOR FILING STAMP ONLY)

Debbie P. Kirkpatrick, Esq. (CSB No. 207112) SESSIONS, FISHMAN & NATHAN IN CALIFORNIA, L.L.P. 3667 Voltaire Street San Diego, CA 92106 Telephone: (619) 758-1891 Facsimile: (619) 222-3667 Attorney for Defendant UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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Notice of Motion and Motion for Partial Judgment on the Pleadings Case No. 3:07-cv-02132-H-CAB

) ) Plaintiff, ) ) -against) ) NATIONWIDE RECOVERY SYSTEMS, LTD., ) ) Defendant. ) __________________________________________) TO ALL PARTIES AND THEIR ATTORNEYS:

JAMES M. KINDER,

Case No. 3:07-cv-02132-H-CAB NOTICE OF MOTION; MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS Date: January 22, 2008 Time: 10:30 a.m. Place: Courtroom 13

PLEASE TAKE NOTICE that on January 22, 2008 at 10:30 a.m., or as soon thereafter as counsel may be heard by the above-entitled Court, located at 940 Front Street, San Diego, California 92101, defendant, Nationwide Recovery Systems, Ltd. ("NRS"), will and hereby does move this Court for Partial Judgment on the Pleadings. ///

Case 3:07-cv-02132-DMS-AJB

Document 7

Filed 12/05/2007

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NRS requests that the Court grant its Motion for Partial Judgment on the Pleadings, per Fed. R. Civ. P. 12(c), and dismiss the claims filed by plaintiff, James M. Kinder. NRS's motion is based on this notice of motion and motion, accompanying memorandum of points and authorities, the pleadings and papers on file herein, and other such matters as may be presented to the Court at the time of the hearing. Dated: December 3, 2007 Sessions, Fishman & Nathan in California, L.L.P.

/s/ Debbie P. Kirkpatrick Debbie P. Kirkpatrick Attorney for Defendant, Nationwide Recovery Systems, Ltd.
N:\Nationwide Recovery Systems Ltd (8949)\Kinder, James (8949-07-22323)\Motion on Pleadings\Motion for Judgment on Pleadings.doc

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Notice of Motion and Motion for Partial Judgment on the Pleadings Case No. 3:07-cv-02132-H-CAB

Case 3:07-cv-02132-DMS-AJB

Document 7

Filed 12/05/2007

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CASE NAME: KINDER v NATIONWIDE RECOVERY SYSTEMS, LTD. CASE NO: 37-2007-67042-CU-MC-CTL PROOF OF SERVICE I, the undersigned, hereby certify that I am a citizen of the United States, over the age of 18 years and not a party to the within action; my business address is 3667 Voltaire Street, San Diego, California 92106. On this date I served the within: NOTICE OF MOTION; MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS ( XX ) BY U.S. MAIL I served a true and correct copy of the above-named documents by mail by placing the same in a sealed envelope with postage fully prepaid, and depositing said envelope in the U.S. mail at San Diego, California. Said envelope(s) was/were addressed as listed hereafter: ( ) BY FACSIMILIE MACHINE

I caused to be transmitted by facsimile machine a true copy of the above-named documents to the below listed. Attached hereto is the Confirmation Report confirming the status of the transmission. ( ) BY PERSONAL SERVICE

I caused to be served by hand a true copy of the above named document as listed hereafter. Chad Austin, Esq. 3129 India St. San Diego, CA 92103 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: December 5, 2007 _________________ Marilyn Winder

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Notice of Motion and Motion for Partial Judgment on the Pleadings Case No. 3:07-cv-02132-H-CAB