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

Case 4:08-cv-01241-CW

Document 42

Filed 06/17/2008

Page 1 of 3

1 HANSON BRIDGETT LLP
KIMON MANOLIUS - 154971
2 kmanolius~hansonbridgett.com

JULIA H. VEIT - 209207
3 jveit~hansonbridgett.com

DENA M. DUTHOY - 239900
4 dduthoy~hansonbridgett.com

425 Market Street, 26th Floor
5 San Francisco, CA 94105 Telephone: (415) 777-3200 6 Facsimile: (415) 541-9366
7 Attomeys for Defendant

PENINSULA CORRIDOR JOINT POWERS BOARD
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UNITED

STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

1 3 Plaintif,

12 JEROME L. GRIMES,

No. CV08-1241 CW
DEFENDANT'S RE-NOTICE OF MOTION FOR JUDGMENT ON THE PLEADINGS

14 v.
. 17
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Date: Thursday, August 7, 2008
Time: 2:00 p.m.

15 ROBERT SCHREADER; CAL TRAIN,

16 Defendants.

Dept.: Courtroom 2, 4th Floor 1301 Clay Street Oakland, CA Judge: Hon. Claudia Wilken

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TO PLAINTIFF IN PROPRIA PERSONA:
PLEASE TAKE NOTICE that on August 7,2008, at 2:00 p. m. in Courtroom 2 of

the

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above-entitled Court, located at 1301 Clay Street, Oakland, Califomia, Defendant PENINSULA .

CORRIDOR JOINT POWERS BOARD (erroneously sued as "Caltrain") ("defendant" through it
attomeys, Hanson Bridgett LLP, wil and hereby does move this Court for judgment on the
pleadings in its favor in this action brought by plaintif Jerome Grimes.

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This motion is made on the grounds that defendant is entitled to judgment on the

pleadings pursuant to Federal Rules of Civil Proceure Rule 12( c), because even accpting any
well-pled

material facts alleged in plaintifs Complaint as true, defendant is entitled to judgment as
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DEFENDANT'S RE-NOTICE OF MOTION FOR JUDGMENT ON THE PLEADINGS; CASE NO. 08-1241 CW

1501648.1

Case 4:08-cv-01241-CW

Document 42

Filed 06/17/2008

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1 a matter of law.

2 This motion wil be and hereby is based on the Notice of Motion and Motion (including the
3. supporting Memorandum. of Points and Authoriies) and the Request for

Judicial Notice filed on

4 May 30, 2008, the (Proposed) Order submited herewith, all pleadings and papers on file in this
5 action any other matters of which judicial notice may be taken by the Court, and upon such oral

6 argument and documentary evidence as may be presented at or before the hearing.
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DATED: June 17, 2008

HANSON BRIDGETT LLP

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By ~~ ~~
DENA M. DUT Oy. .
Attomeys for Defendant PENINSULA CORRIDOR JOINT POWERS BOARD

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- 2DEFENDANT'S RE-NOTICE OF MOTiON FOR JUDGMENT ON THE PLEADINGS; CASE NO. 08-1241 CW
1501648.1

Case 4:08-cv-01241-CW

Document 42

Filed 06/17/2008

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1 PROOF OF SERVICE
2 I, Lorraine V. Mole, declare that I am a resident of the State of California. i am

over the age of 18 years and not a party to the action entitled Jerome L. Grimes v. Robert 3 Schreader; Caltrain; Case No. CV 08-1241 WDB that my business address is 425 Market Street,

26th Floor, San Francisco, California 94105. On June 17,,2008, i served a true and accurate
4 copy of the document(s) entitled:

5 DEFENDANT'S RE-NOTICE OF MOTION FOR JUDGMENT ON THE PLEADINGS;
6 (PROPOSED) ORDER GRANTING DEFENDANT'S

MOTION FOR JUDGMENT ON THE

PLEADINGS
7

on the party(ies) in this action by placing said copy(ies) in a sealed envelope, each addressed
8 to the last address(es) given by the party(ies) as follows:

9 Jerome L. Grimes

263 Vernon Street
10 San Francisco, CA 94132

11 Plaintiff In Pro Per
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(By First Class Mail pursuant to Code of Civil Procedure section 1013.) i am readily familiar with (firm name)'s practices for collecting and processing documents for mailing with United States Postal Service. Following these ordinary business practices, I placed the above referenced sealed envelope(s) for collection and mailing with the United States Postal Service on the date listed
herein

at 425 Market Street, 26th Floor, San Francisco, California 94105. The

aboveJeferenced sealed envelope(s) will be deposited with the United States Postal Service on the date listed herein in the ordinary course of business.

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D

(By Express Mail pursuant to Code of Civil Procedure section 1013.) i deposited to be delivered via to the party(ies) so designated on the service list.
each sealed envelope, with the postage prepaid,

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(By Hand pursuant to Federal Rules of Civil Procedure 5(b).) i directed each sealed envelope to the party(ies) so designated on the service list to be delivered by courier, Specialized Legal, this date. A copy of the affidavit/declaration under penalty of perjury, signed 'by the courier, shall be filed/lodged with the court under separate cover.
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.

~v.m~
Lorraine V. Mole
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PROOF OF SERVICE

1501727.1