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).
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?