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MOTION to Dismiss by Carolyn Colvin, DHS Detention Facilities in Southern Texas, Jane Does, John Does, Jeh Johnson, John Koskinen, Barack Obama, filed. Motion Docket Date 8/18/2015. (Attachments: # 1 Proposed Order)(Hu, Daniel) (Entered: 07/28/2015)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
Dr. Orly Taitz,
Plaintiff,
CIVIL NO.1:15-CV-00054
v.
John Koskinen, Carolyn Colvin, Jeh Johnson, Barack Obama, John Does, Jane Does and DHS Detention Facilities in Southern Texas
Defendants.
MOTION TO DISMISS
Subject to and reserving their Rule 12 defenses, Defendants (other than John
Doe defendants) move collectively for dismissal pursuant to Federal Rule of Civil
Procedure 4(m) because Plaintiff has failed to timely serve the United States
Attorney for the Southern District of Texas with process as required by Rule
4(i)(1)(A).
This case was filed on March 25, 2015. Summonses were issued the same
day and mailed to Plaintiff. See docket sheet, Entry 1 and 2. To date, the United
Case 1:15-cv-00054 Document 6 Filed in TXSD on 07/28/15 Page 1 of 3
States Attorney for the Southern District of Texas has not been served. No return
of service has been filed either.1
On March 26, 2015, this Court issued an order ordering plaintiff to serve
defendants within 120 days. Docket entry 4 at paragraph 6. The Court also ordered
that a case management plan be filed. Because no service has been effected, the
parties have not held a discovery conference and Defendants move to be excused
from filing a case management plan since this case should be dismissed.
For these reasons this case should be dismissed and deadlines cancelled.
Respectfully submitted, July 28, 2015 KENNETH MAGIDSON United States Attorney Southern District of Texas /s/Daniel Hu
____________________________________ By: DANIEL DAVID HU Assistant United States Attorney State Bar No. 10131415 S.D. I.D. 7959 Southern District of Texas 1000 Louisiana, Suite 2300 Houston TX 77002
1 Plaintiff Taitz filed a motion to consolidate this case with B-14-119. The motion was denied by Judge Hanen because this case and the one before Judge Hanen, B-14-119, do not contain common questions of law or fact. Docket entry 68, B-14-119, attached. Judge Hanen also dismissed most of the case before that Court on standing grounds leaving open only a claim for equitable relief related to personal injury Dr. Taitz allegedly suffers and will allegedly suffer in the future due to conduct of certain federal officials or agencies. Id., docket entry 69.
Case 1:15-cv-00054 Document 6 Filed in TXSD on 07/28/15 Page 2 of 3
(713) 567-9518 (PHONE); (713) 718-3303 (FAX) Email: Daniel.Hu@usdoj.gov
Certficate of Service
I hereby certify that on July 28, 2015 a true and correct copy of the foregoing Motion to
Dismiss was filed via CM/ECF and served on plaintiff by CMRR at:
29829 Santa Margarita Parkway, Suite 100
Rancho Santa Margarita, CA 92688
/s/ Daniel Hu
Daniel Hu, AUSA
Case 1:15-cv-00054 Document 6 Filed in TXSD on 07/28/15 Page 3 of 3
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