Worthy v. Library of Congress Copyright Office

Filing 12

Reply Memorandum re 10 MOTION to Dismiss Federal Defendant's Motion to Dismiss Federal Defendant's Reply to Motion to Dismiss filed byLibrary of Congress Copyright Office. (Swanson, Joann) (Filed on 12/21/2007)

Worthy v. Library of Congress Copyright Office

Doc. 12

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SCOTT N. SCHOOLS (SCBN 9990) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Federal Defendant Library of Congress Copyright Office UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 LONNELL B. WORTHY, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Dated: December 21, 2007 27 28 By: ___/s/______________________ JOANN M. SWANSON Assistant U.S. Attorney Chief, Civil Division ) ) Plaintiff, ) ) v. ) ) LIBRARY OF CONGRESS COPYRIGHT ) OFFICE, ) ) ) Defendant. ) ) No. C 07-5736 CRB FEDERAL DEFENDANT'S REPLY TO MOTION TO DISMISS Date: January 4, 2008 Time: 10:00 a.m. Ctrm: 8, 19th Fl.

The Federal Defendant Library of Congress Copyright Office has specially appeared to move to dismiss plaintiff's action without prejudice. It has filed its motion on the grounds that the Court lacks subject matter jurisdiction over the action and that the complaint fails to state a claim upon which relief can be granted. Plaintiff has not opposed the motion. The Federal Defendant requests that the action should be dismissed with leave for plaintiff to file and serve an amended complaint within 30 days. Respectfully submitted, SCOTT N. SCHOOLS United States Attorney

Dockets.Justia.com

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CERTIFICATE OF SERVICE Worthy v. Library of Congress Copyright Office C 07-5736 CRB The undersigned hereby certifies that she is an employee of the Office of the United States

4 Attorney for the Northern District of California and is a person of such age and discretion to be 5 competent to serve papers. The undersigned further certifies that she is causing a copy of the 6 following: 7 Federal Defendant's Reply to Motion to Dismiss 8 to be served this date upon the party in this action by placing a true copy thereof in a sealed 9 envelope, and served as follows: 10 X 11 12 13 PERSONAL SERVICE (BY MESSENGER) 14 ____ 15 ____ 16 ____ 17 to the party(ies) addressed as follows: 18 19 20 21 22 23 24 25 26 27 28
Defs. Reply To Motion to Dismiss C 07-5736 CRB

FIRST CLASS MAIL by placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing U.S. mail in accordance with this office's practice. CERTIFIED MAIL (# ) by placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing U.S. mail in accordance with this office's practice.

FEDERAL EXPRESS via Priority Overnight EMAIL FACSIMILE (FAX)

Lonnell B. Worthy, Pro Se 7401 Arthur Street Oakland, CA 94605 PH: 415.410.6659 FX: 510.430.8952 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this December 21, 2007 at San Francisco, California. ____/s/____________________________ Lily Ho-Vuong Legal Assistant

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