Pickens v. U.S. Department of Veterans Affairs

Motion for Partial Summary Judgment Defendants' Motion for Partial Summary Judgment.

D. Or.March 11, 2011

DWIGHT C. HOLTON, OSB # 09054 United States Attorney District of Oregon SEAN E. MARTIN, OSB # 054338 Assistant United States Attorney sean.martin@usdoj.gov 1000 SW Third Avenue, Suite 600 Portland, OR 97204-2902 Telephone: (503) 727-1010 FAX: (503) 727-1117 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION DARRYL PICKENS, Plaintiff, v. THE HONORABLE ERIC K. SHINSEKI, Secretary of Veterans Affairs, et al., Defendants. Case No. 09-cv-704-KI DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT PAGE - 1 Defendants’ Motion for Partial Summary Judgment Pickens v. Shinseki, 09-cv-704-KI Case 3:09-cv-00704-KI Document 33 Filed 03/11/11 Page 1 of 2 Page ID#: 80 Defendants, the Honorable Eric K. Shinseki, Secretary of Veterans Affairs, and DOEs 1- 10, by and through undersigned counsel, submit this Motion for Partial Summary Judgment pursuant to Fed. R. Civ. P. 56. Defendants file their motion for the reasons explained in the accompanying memorandum, and as supported by the accompanying declaration and exhibits. Pursuant to LR 7-1(a), undersigned counsel certifies that the parties made a good faith effort to resolve the dispute, and have been unable to do so. Dated this 11th day of March, 2011. Respectfully submitted, DWIGHT C. HOLTON United States Attorney District of Oregon /s/ Sean E. Martin SEAN E. MARTIN Of Counsel: Richard P. Geib Office of Regional Counsel U.S. Department of Veterans Affairs 100 S.W. Main Street, Floor 2 Portland, OR 97204-2998 PAGE - 2 Defendants’ Motion for Partial Summary Judgment Pickens v. Shinseki, 09-cv-704-KI Case 3:09-cv-00704-KI Document 33 Filed 03/11/11 Page 2 of 2 Page ID#: 81