GeorgiaCarry.Org, Inc. et al v. The U.S. Army Corps of Engineers et alMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In SupportN.D. Ga.August 22, 2014IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION GEORGIACARRY.ORG, INC., ) and DAVID JAMES, ) ) Plaintiffs, ) CIVIL ACTION FILE NO. ) v. ) 4:14-CV-139-HLM ) U.S. ARMY CORPS OF ) ENGINEERS and JOHN J. ) CHYTKA, in his official capacity ) as Commander, Mobile District, ) U.S. Army Corps of Engineers, ) ) Defendants. ) DEFENDANTS’ MOTION TO DISMISS Pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendants U.S. Army Corps of Engineers (“Corps”) and John J. Chytka, in his official capacity, hereby move this Court to dismiss Plaintiffs’ Complaint (Dkt. 1) for failure to state a claim upon which relief can be granted. In accordance with Local Civil Rule 7.1, this motion is accompanied by a memorandum of law which cites supporting authority. Dated: August 22, 2014 Of Counsel SALLY QUILLIAN YATES United States Attorney Respectfully submitted, STUART F. DELERY Assistant Attorney General Case 4:14-cv-00139-HLM Document 25 Filed 08/22/14 Page 1 of 2 LORI BERANEK Assistant United States Attorney 600 Richard B. Russell Federal Building 75 Spring Street, S.W. Atlanta, Georgia 30303 Lori.Beranek@usdoj.gov /s/ Daniel Riess ‘ DIANE KELLEHER Assistant Branch Director DANIEL RIESS Trial Attorney U.S. Department of Justice Civil Division, Rm. 6122 20 Massachusetts Avenue, NW Washington, D.C. 20530 Telephone: (202) 353-3098 Fax: (202) 616-8460 Email: Daniel.Riess@usdoj.gov Attorneys for Defendants CERTIFICATE OF SERVICE I certify that, on August 22, 2014, I electronically filed the within and foregoing with the Clerk of Court using the CM/ECF system which will automatically send email notification of such filing to the parties’ attorneys of record. This 22nd day of August, 2014. /s/ Daniel Riess ‘ Daniel Riess Case 4:14-cv-00139-HLM Document 25 Filed 08/22/14 Page 2 of 2
