Wednesday, December 31, 2014

DEFENDANT ROBERT MACLEAN'S NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1) AND 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES, STEPHEN COLLINS, Plaintiff, vs. COUNTY OF MONTEREY, CURTIS WEEKS, CHARLES MCKEE, IRV GRANT, LOUIS R. CALCAGNO, DAVID POTTER, ROBERT MACLEAN, CALIFORNIA-AMERICAN WATER, and DOES 1-50, Defendants. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE

ABSTRACT:  RE:  UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE, STEPHEN COLLINS, Plaintiff, vs. COUNTY OF MONTEREY, CURTIS WEEKS, CHARLES MCKEE, IRV GRANT, LOUIS R. CALCAGNO, DAVID POTTER, ROBERT MACLEAN, CALIFORNIA-AMERICAN WATER, and DOES 1-50, Defendants. Case No. 5:14-CV-2715-LHK-HRL, …” on March 26, 2015 at 1:30 p.m., or as soon thereafter as this matter may be heard, in the United States District Court for the Northern District of California, located at 280 South 1st Street, San Jose, CA 95113, 4th Floor, Courtroom 8, before the Honorable Lucy H. Koh, Defendant Robert MacLean will and hereby does make this Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6).”  And “MacLean respectfully requests that the Court grant his motion on the grounds that Plaintiff lacks standing to sue MacLean under Article III of the U.S. Constitution, Plaintiff's fraud claim is time-barred, the Complaint fails to state a fraud claim against MacLean pursuant to Rule 8 of the Federal Rules of Civil Procedure, and the Complaint is not pled with the particularity required by Rule 9 of the Federal Rules of Civil Procedure. Because these deficiencies cannot be cured by amendment, MacLean also respectfully requests that the Court enter an order dismissing the fraud claim as against MacLean without leave to amend.” DEFENDANT ROBERT MACLEAN'S MOTION TO DISMISS document is embedded.
Filing Date 12/22/14
DEFENDANT ROBERT MACLEAN'S NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1) AND 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE
STEPHEN COLLINS, Plaintiff, vs. COUNTY OF MONTEREY, CURTIS WEEKS, CHARLES MCKEE, IRV GRANT, LOUIS R. CALCAGNO, DAVID POTTER, ROBERT MACLEAN, CALIFORNIA-AMERICAN WATER, and DOES 1-50, Defendants.
Case No. 5:14-CV-2715-LHK-HRL

No comments: