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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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: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THE UNITED STATES OF AMERICA,

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Plaintiff,
DEFENDANTS’ NOTICE OF MOTION
AND MOTION TO DISMISS

v.

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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
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The Honorable John A.
Mendez
Trial Date:
None set
Defendants. Action Filed: March 6, 2018

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Defs.’ Notice of Mot. and Mot. to Dismiss

(18-cv-00490-JAM-KJN)

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
PLEASE TAKE NOTICE THAT Defendants the State of California, Edmund Gerald

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Brown Jr., Governor of California, in his official capacity, and Xavier Becerra, Attorney General

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of California, in his official capacity, move this Court to dismiss Plaintiff United States’

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complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Pursuant to

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the Court’s Order (ECF. No. 71), no hearing date is set on this motion and the motion will not be

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heard before June 20, 2018.

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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

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for Judicial Notice in Support of Defendants’ Opposition to Plaintiff’s Motion for Preliminary

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Injunction and Defendants’ Motion to Dismiss, the other papers and pleadings on file in this

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action, and upon such matters as may be presented to the Court.

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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

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/s/ Christine Chuang
/s/ Anthony R. Hakl
/s/ Cherokee DM Melton
/s/ Lee I. Sherman

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CHRISTINE CHUANG
ANTHONY R. HAKL
CHEROKEE DM MELTON
LEE I. SHERMAN
Deputy Attorneys General
Attorneys for Defendants

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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