Kimber

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BART D. KIMBER, Case No.: 3:21-cv-1487-BTM-BLM

Plaintiff,

ORDER GRANTING DEFENDANT

v. CARLOS DEL TORO, SECRETARY

OF THE NAVY’S MOTION TO

CARLOS DEL TORO, secretary of the

DISMISS

Navy, et. al., [ECF NO. 39] 16 Defendants.

19 Plaintiff Bart D. Kimber (“Plaintiff”) filed a Third Amended Complaint on March 20 31, 2023. (ECF No. 33 (“TAC”).) Defendant Carlos Del Toro, Secretary of the Navy 21 (“Defendant”) filed a Motion to Dismiss Plaintiff’s Third Amended Complaint. (ECF 22 No. 39 (“Def.’s MTD”).) In response, Plaintiff filed an opposition (ECF No. 41 (“Pl.’s 23 Opp’n”)), Defendant filed a Reply (ECF No. 45 (“Def.’s Reply”)), and Plaintiff filed a 24 Reply in response (ECF No. 46 (“Pl.’s Reply in Resp.”)). Additionally, the Court had 25 entered an Order to Show Cause as to why this case should not be dismissed for improper 26 1 service on the Secretary of the Navy, and failure to serve the other Defendants. (ECF No. 30 (“OSC”).) Plaintiff…