United States of America v. State of California et al

Filing 77

MOTION to DISMISS by Xavier Becerra, Edmund Gerald Brown, Jr, State of California. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order)(Sherman, Lee) Modified on 5/7/2018 (Fabillaran, J).

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1 2 3 4 5 6 7 8 9 10 XAVIER BECERRA Attorney General of California THOMAS PATTERSON Senior Assistant Attorney General MICHAEL NEWMAN SATOSHI YANAI Supervising Deputy Attorneys General CHRISTINE CHUANG ANTHONY HAKL CHEROKEE MELTON LEE I. SHERMAN Deputy Attorneys General State Bar No. 272271 300 S. Spring Street Los Angeles, CA 90013 Telephone: (213) 269-6404 Fax: (213) 897-7605 E-mail: Lee.Sherman@doj.ca.gov Attorneys for Defendants 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE EASTERN DISTRICT OF CALIFORNIA 13 14 15 16 THE UNITED STATES OF AMERICA, 17 18 Plaintiff, DEFENDANTS’ NOTICE OF MOTION AND MOTION TO DISMISS v. 19 20 21 22 23 Case No. 2:18-cv-00490-JAM-KJN THE STATE OF CALIFORNIA; EDMUND Date: GERALD BROWN JR., Governor of Time: California, in his official capacity; and Courtroom: XAVIER BECERRA, Attorney General of Judge: California, in his official capacity, None set None set 6 The Honorable John A. Mendez Trial Date: None set Defendants. Action Filed: March 6, 2018 24 25 26 27 28 Defs.’ Notice of Mot. and Mot. to Dismiss (18-cv-00490-JAM-KJN) 1 2 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE THAT Defendants the State of California, Edmund Gerald 3 Brown Jr., Governor of California, in his official capacity, and Xavier Becerra, Attorney General 4 of California, in his official capacity, move this Court to dismiss Plaintiff United States’ 5 complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Pursuant to 6 the Court’s Order (ECF. No. 71), no hearing date is set on this motion and the motion will not be 7 heard before June 20, 2018. 8 9 This motion is based on this Notice of Motion, the accompanying Memorandum of Points and Authorities, Defendants’ Opposition to Plaintiff’s Motion for Preliminary Injunction, Request 10 for Judicial Notice in Support of Defendants’ Opposition to Plaintiff’s Motion for Preliminary 11 Injunction and Defendants’ Motion to Dismiss, the other papers and pleadings on file in this 12 action, and upon such matters as may be presented to the Court. 13 14 Dated: May 4, 2018 Respectfully Submitted, XAVIER BECERRA Attorney General of California THOMAS S. PATTERSON Senior Assistant Attorney General MICHAEL L. NEWMAN SATOSHI YANAI Supervising Deputy Attorneys General 15 16 17 18 /s/ Christine Chuang /s/ Anthony R. Hakl /s/ Cherokee DM Melton /s/ Lee I. Sherman 19 20 21 CHRISTINE CHUANG ANTHONY R. HAKL CHEROKEE DM MELTON LEE I. SHERMAN Deputy Attorneys General Attorneys for Defendants 22 23 24 25 26 27 28 1 Defs.’ Notice of Mot. and Mot. to Dismiss (18-cv-00490-JAM-KJN) CERTIFICATE OF SERVICE Case Name: The United States of America v. The State of California, et al. No. 2:18-cv-00490-JAM-KJN I hereby certify that on May 4, 2018, I electronically filed the following documents with the Clerk of the Court by using the CM/ECF system: DEFENDANTS’ NOTICE OF MOTION AND MOTION TO DISMISS I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system. I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on May 4, 2018, at Sacramento, California. Tursun Bier Declarant LA2018500720 13073763.docx /s/ Tursun Bier Signature

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