Hall et al v. Welborn et al

Filing 8

MOTION to Dismiss by Defendants United States Department of Defense, Freddy J. Welborn. (Beckenhauer, Eric)

Hall et al v. Welborn et al

Doc. 8

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

) ) ) Plaintiffs, ) ) v. ) ) MAJOR FREDDY J. WELBORN, et al., ) ) Defendants. ) ) SPECIALIST JEREMY HALL, et al.,

Case No. 08-2098-JWL-DJW

DEFENDANTS' MOTION TO DISMISS Defendants Robert Gates and Freddy J. Welborn, in their official capacities, by and through undersigned counsel, hereby move to dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(1). Dismissal is appropriate under Rule 12(b)(1) because Plaintiffs lack standing, have failed to exhaust intramilitary remedies, and assert claims that are nonjusticiable. The grounds for this motion are set forth at length in the attached memorandum of law.

Dated: July 8, 2008

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General ERIC MELGREN United States Attorney VINCENT M. GARVEY Deputy Director, Federal Programs Branch /s/ Eric B. Beckenhauer ERIC B. BECKENHAUER Cal. Bar No. 237526 Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch

Dockets.Justia.com

20 Massachusetts Ave. N.W. Washington, D.C. 20530 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Counsel for the United States of America ELECTRONICALLY FILED

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CERTIFICATE OF SERVICE I hereby certify that on July 8, 2008, I electronically filed the foregoing with the clerk of the court by using the CM/ECF system, which will send a notice of electronic filing to the following: Elizabeth R. Herbert, [e-mail], Pedro L. Irigonegaray, [e-mail], and Robert V. Eye, [e-mail], Counsel for the Plaintiffs.

/s/ Eric B. Beckenhauer ERIC B. BECKENHAUER Cal. Bar No. 237526 Trial Attorney U.S. Department of Justice