Mathis v. Wisner et alMOTION to Dismiss for Lack of Jurisdiction and for Failure to State a ClaimD. Kan.July 29, 2016UNITED STATES DISTRICT COURT DISTRICT OF KANSAS ----------------------------------------------------------------------- x 16 CV 2322 (CM) (TJJ) DARREN MATHIS, Plaintiff, -against- UNITED STATES OF AMERICA, and MARK WISNER, Defendants. ----------------------------------------------------------------------- x MOTION TO DISMISS Defendant, the United States of America, by and through its undersigned attorneys, hereby moves this Court to dismiss plaintiff’s complaint, with prejudice, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), for the reasons set forth in its Memorandum of Law in Support of its Motion to Dismiss, and the documents annexed thereto. Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General JAMES G. TOUHEY, Jr. Director, Torts Branch RUPERT MITSCH Assistant Director, Torts Branch /s/ Virginia J. Nimick ______________________________ VIRGINIA J. NIMICK Counsel for Defendant United States of America Trial Attorney United States Department of Justice Civil Division, Torts Branch P.O. Box 888 Washington, D.C. 20044-0888 Tel: (202) 616-4561 Fax: (202) 616-5200 Case 2:16-cv-02322-CM-TJJ Document 10 Filed 07/29/16 Page 1 of 2 CERTIFICATE OF SERVICE I hereby certify that on July 29, 2016, the foregoing was electronically filed with the clerk of the court by using CM/ECF system which will send a notice of electronic filing to the following: Matthew L. Bretz matt@byinjurylaw.com Attorney for Plaintiff I further certify that on this date the foregoing document and the notice of electronic filing were mailed by first-class mail to the following non-ECF participants: Mark E. Wisner 641 East 8th Street Horton, KS 66439 s/ Virginia J. Nimick ______________________ VIRGINIA J. NIMICK Counsel for Defendant Case 2:16-cv-02322-CM-TJJ Document 10 Filed 07/29/16 Page 2 of 2
