Chen v. Campbell et al
ORDER granting defendants' 6 Motion to Dismiss by Judge Ricardo S Martinez.(RS) cc plaintiff
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
Case No. C17-149 RSM
ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS
ANDREW CAMPBELL and ANDREW
HARTSTONE, INTERNAL REVENUE
This matter comes before the Court on Defendants’ Motion to Dismiss.
Defendants move to dismiss Plaintiff’s case pursuant to Rule 12(b)(1) for lack of subject matter
jurisdiction, 12(b)(2) for lack of personal jurisdiction, and 12(b)(5) for insufficient service of
process. Plaintiff has failed to file a Response.
considered by the court as an admission that the motion has merit.” Local Civil Rule 7(b)(2).
The Court agrees with Defendants that the United States is the only proper defendant in this
The failure to file a response “may be
matter, that Plaintiff’s refund suit fails to plead applicable statutory requirements, and that
Plaintiff has not fully complied with the proper service requirements. See Fed. R. Civ. P. 4(i).
The Court therefore finds that Plaintiff’s Complaint fails for lack of subject matter jurisdiction,
lack of personal jurisdiction, and for insufficient service of process, and that dismissal is
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS - 1
warranted. Given these fundamental jurisdictional and procedural problems, the Court sees no
reason to grant leave to amend.
Having reviewed the instant Motion, all evidence submitted in support of the motion,
and the remainder of the record, the Court hereby finds and ORDERS that Defendants’ Motion
to Dismiss (Dkt. #7) is GRANTED and all of plaintiff’s claims are DISMISSED. This case is
DATED this 25th day of May 2017.
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS - 2
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?