United States v. City of San Diego

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Case No.: 23cv0541-LL-BJC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS CITY OF SAN DIEGO’S

AMENDED SECOND THROUGH

CITY OF SAN DIEGO, et al.

FOURTH COUNTERCLAIMS WITH

Defendants. LEAVE TO AMEND

16 [ECF No. 38]

Pending before the Court is Plaintiff/Counter-Defendant United States’ Motion to Dismiss Defendant/Counter-Claimant City of San Diego’s Amended Second Through Fourth Counterclaims Pursuant to Rules 12(b)(1) and 12(b)(6) (the “Motion to Dismiss”). ECF No. 38. The City opposed the Motion to Dismiss and the United States replied. ECF Nos. 47, 50. The Court finds this matter suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1. For the reasons below, the Court GRANTS the Motion to Dismiss WITH LEAVE TO AMEND. I. BACKGROUND The United States, by the authority of the Attorney General and on behalf of the 27 …