`
`
`
`LUCY E. BROWN
`
`HI Bar No. 10946
`lucy.e.brown@usdoj.gov
`U.S. Department of Justice
`Environment and Natural Resources Division
`Environmental Defense Section
`P.O. Box. 7611
`Washington, D.C. 20044-7611
`Tel: (202) 598-1868
`Fax: (202) 514-8865
`
`Attorney for Defendants
`
`
`UNITED STATES DISTRICT COURT
`
`FOR THE SOUTHERN DISTRICT OF CALIFORNIA
`
`
`JCM FARMING, INC., a California
`corporation,
`
` Plaintiff,
`
`vs.
`
`ANDREW WHEELER, Administrator,
`United States Environmental Protection
`Agency; and UNITED STATES
`ENVIRONMENTAL PROTECTION
`AGENCY,
`
`
`
`
` Defendants.
`
`Case No. 20-cv-1119-BAS-AGS
`
`NOTICE OF MOTION AND
`MOTION TO DISMISS
`
`Judge: Cynthia A. Bashant
`Hearing: October 19, 2020
`Time:
`Place:
`
`NO ORAL ARGUMENT UNLESS
`REQUESTED BY THE COURT
`
`
`
`
`
`
`
`
`______________________________________________________________________________
`Notice of Motion 20cv1119
`And Motion to Dismiss
`
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`Case 3:20-cv-01119-BAS-AGS Document 8 Filed 09/01/20 PageID.43 Page 2 of 4
`
`
`
`NOTICE OF MOTION
`TO ALL PARTIES AND THEIR COUNSEL OF RECORD: Please take
`
`notice that on October 19, 2020, or as soon thereafter as counsel may be heard,
`
`before the Honorable Cynthia A. Bashant, at the United States District Court for
`
`the Southern District of California, located at 221 West Broadway, San Diego,
`
`California, Defendants Andrew Wheeler and United States Environmental
`
`Protection Agency will, and hereby do, move to dismiss the above-captioned case,
`
`pursuant to Rule 12(b)(1), (3), and (6) of the Federal Rules of Civil Procedure.
`
`This motion is made following the conference of the counsel that took place on
`
`August 25, 2020.
`
`Respectfully submitted this 1st day of September, 2020.
`
`
`
`/s/ Lucy E. Brown
`LUCY E. BROWN
`Attorney for Defendants
`Andrew Wheeler and
`Environmental Protection Agency
`
`
`
`
`
`______________________________________________________________________________
`Notice of Motion 20cv1119
`And Motion to Dismiss
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`Case 3:20-cv-01119-BAS-AGS Document 8 Filed 09/01/20 PageID.44 Page 3 of 4
`
`
`
`MOTION TO DISMISS
`Defendants Andrew Wheeler and United States Environmental Protection
`
`Agency move to dismiss Plaintiff’s Complaint for lack of subject matter
`
`jurisdiction and improper venue pursuant to Federal Rule of Civil Procedure
`
`12(b)(1), (3), and (6). Defendants have submitted a memorandum of points and
`
`authorities in support of the motion.
`
`Respectfully submitted this 1st day of September, 2020.
`
`
`
`/s/ Lucy E. Brown
`LUCY E. BROWN
`Attorney for Defendants
`Andrew Wheeler and
`Environmental Protection Agency
`
`
`
`
`
`______________________________________________________________________________
`Notice of Motion 20cv1119
`And Motion to Dismiss
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`Case 3:20-cv-01119-BAS-AGS Document 8 Filed 09/01/20 PageID.45 Page 4 of 4
`
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that, on September 1, 2020, a true and correct copy of the
`
`foregoing Motion to Dismiss was served electronically via the Court’s e-filing
`
`system to Counsel of Record.
`
`
`
`
`/s/ Lucy E. Brown
`LUCY E. BROWN
`Attorney for Defendants
`Andrew Wheeler and
`Environmental Protection Agency
`
`
`______________________________________________________________________________
`Notice of Motion 20cv1119
`And Motion to Dismiss
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