Almy et al v. United States Department of Defense et al

Filing 49

MOTION to Dismiss or, in the Alternative, Motion for Summary Judgment, and Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Department of the Air Force, Department of the Navy, Michael B. Donley, Robert M. Gates, Ray Mabus, United States Department of Defense. Motion Hearing set for 10/13/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 9/2/2011. Replies due by 9/9/2011. (Attachments: # 1 Proposed Order)(Parker, Ryan) (Filed on 8/19/2011)

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IAN HEATH GERSHENGORN
Deputy Assistant Attorney General
MELINDA L. HAAG
United States Attorney
VINCENT M. GARVEY
Deputy Director
PAUL G. FREEBORNE
Virginia Bar No. 33024
RYAN B. PARKER
Utah Bar No. 11742
Trial Attorneys
U.S. Department of Justice
Civil Division
Federal Programs Branch
P.O. Box 883
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
E-mail: paul.freeborne@ usdoj.gov

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Attorneys for Federal Defendants

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Plaintiffs,
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v.
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UNITED STATES DEPARTMENT OF
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DEFENSE, ROBERT M. GATES, Secretary of )
Defense; DEPARTMENT OF THE AIR FORCE; )
MICHAEL B. DONLEY, Secretary, Department )
of the Air Force; DEPARTMENT OF THE
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NAVY; and RAY MABUS, Secretary,
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Department of the Navy,
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Defendants.
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MICHAEL D. ALMY, ANTHONY J.
LOVERDE, and JASON D. KNIGHT,

Case No. 3:10-cv-5627 (RS)
[PROPOSED] ORDER GRANTING
DEFENDANTS’ MOTION TO
DISMISS OR, IN THE ALTERNATIVE,
CROSS-MOTION FOR SUMMARY
JUDGMENT

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[Proposed] Order Granting Defendants’ Motion to Dismiss or, in the Alternative, Cross-Motion for Summary
Judgment, Almy v. United States Department of Defense, Case No. 3:10-cv-5627 (RS)

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This matter is before the Court on Plaintiffs’ Motion for Partial Summary Judgment and

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Defendants’ Motion to Dismiss or, in the Alternative, Cross-Motion for Summary Judgment.

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Having considered the parties’ submissions and heard argument on the motions, the Court

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hereby GRANTS Defendants’ Motion and DENIES Plaintiffs’ Motion for Partial Summary

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Judgment. Plaintiffs’ action is therefore dismissed with prejudice.

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Dated:_________________________
Judge Richard Seeborg
United States District Court

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[Proposed] Order Granting Defendants’ Motion to Dismiss or, in the Alternative, Cross-Motion for Summary
Judgment, Almy v. United States Department of Defense, Case No. 3:10-cv-5627 (RS)

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