Lycurgan Inc. v. Jones

MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction , MOTION for Summary Judgment

S.D. Cal.March 27, 2015

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAURA E. DUFFY United States Attorney DANIEL E. BUTCHER Assistant U.S. Attorney California Bar No. 144624 Office of the U.S. Attorney 880 Front Street, Room 6293 San Diego, CA 92101 Tel: (619) 546-7696 Fax: (619) 546-7751 Email: Daniel.Butcher@usdoj.gov JOHN R. TYLER LISA A. OLSON U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W., Room 7300 Washington, D.C. 20530 Tel: (202) 514-5633 Fax: (202) 616-8470 Email: Lisa.Olson@usdoj.gov Attorneys for the United States UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA LYCURGAN, INC. dba ARES ARMOR, Plaintiff, v. B. TODD JONES, in his official capacity as Head of the San Diego Bureau of Alcohol, Tobacco, Firearms and Explosives; and DOES 1-10, Defendants. Case No.: 14CV548 JLS (BGS) DEFENDANT'S NOTICE OF MOTION AND MOTION TO DISMISS AND FOR SUMMARY JUDGMENT DATE: May 28, 2015 TIME: 1:30 P.M. CTRM: 4A (Schwartz) Hon. Janis L. Sammartino PLEASE TAKE NOTICE that, on May 28, 2015, at 1:30 P.M., or as soon thereafter as the matter may be heard, in the courtroom of the Honorable Janis Sammartino, at 221 West Broadway, Courtroom 4A, San Diego, California, defendant B. Todd Jones, only as he is sued in his official capacity, as Head of the San Diego Bureau of Alcohol, Tobacco, Firearms, and Explosives, will and does move to dismiss this case pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), and for summary judgment pursuant to Federal Rule of Civil Procedure 56. The motion is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of Motion 14cv548 based on this notice and the accompanying memorandum of points and authorities; the Administrative Record which has been filed; any declarations, exhibits, and/or request for judicial notice filed in support of the motion; together with such oral and/or documentary evidence as may be presented at the hearing on this motion. DATED: March 27, 2015 Respectfully submitted, LAURA E. DUFFY United States Attorney DANIEL E. BUTCHER Assistant United States Attorney /s/ Lisa A. Olson JOHN R. TYLER LISA A. OLSON Attorneys for Defendant 2