Almeida et al v. The United States Department of Housing and Urban Development et al

MOTION to Dismiss for Lack of Jurisdiction. Document

S.D.N.Y.August 15, 2008

MICHAEL J. GARCIA United States Attorney for the Southern District of New York By: JEAN-DAVID BARNEA Assistant United States Attorney 86 Chambers Street, 3rd Floor New York, New York 10007 Tel. (212) 637-2679 Fax (212) 637-2717 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT F. ALMEIDA and ROBERT F. ALMEIDA as the assignee of JASON JOSEPH, Plaintiffs, -v- THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, and THE HON. STEVEN PRESTON,* as Secretary of the United States Department of Housing and Urban Development, Defendants. NOTICE OF MOTION 08 Civ. 04582 (SCR) ECF Case PLEASE TAKE NOTICE that, upon the accompanying Memorandum of Law in Support of Defendants’ Motion to Dismiss, and the Declaration of William H. Melvin and accompanying exhibits, Defendants the United States Department of Housing and Urban Development (“HUD”) and Steven Preston, Secretary of HUD, by their attorney Michael J. Garcia, United States Attorney for the Southern District of New York, will move this Court before the * Pursuant to Federal Rule of Civil Procedure 25(d), the Honorable Steven Preston is automatically substituted for the Honorable Alphonso Jackson as the Secretary of Housing and Urban Development. Case 7:08-cv-04582-SCR Document 6 Filed 08/15/2008 Page 1 of 2 Honorable Stephen C. Robinson, United States District Judge, United States Courthouse, 300 Quarropas Street, White Plains, New York 10601, at a date and time as the Court may direct, for an order dismissing the complaint for lack of subject matter jurisdiction pursuant Federal Rule of Civil Procedure 12(b)(1). PLEASE TAKE FURTHER NOTICE that, pursuant to Local Civil Rule 6.1(b) and Federal Rule of Civil Procedure 6(e), plaintiff’s answering papers, if any, must be served upon the United States Attorney’s Office, Southern District of New York, 86 Chambers Street, 3rd Floor, New York, New York, 10007, on such date as the Court may direct. Dated: August 15, 2008 MICHAEL J. GARCIA United States Attorney Southern District of New York Attorney for Defendants /s/ Jean-David Barnea_____ By: JEAN-DAVID BARNEA Assistant U.S. Attorney 86 Chambers Street, 3rd floor New York, NY 10007 Tel. (212) 637-2679 Fax (212) 637-2717 Jean-David.Barnea@usdoj.gov TO: LOUIS U. GASPARINI, ESQ. Attorney for Plaintiffs Lynch Schwab PLLC 75 South Broadway, 4th floor White Plains, NY 10601 Tel. (914) 304-4353 Case 7:08-cv-04582-SCR Document 6 Filed 08/15/2008 Page 2 of 2