FEC
Federal Election Commission v. California Democratic Party
Opinion
Opinion
Burrell, J.
JOINT STATUS REPORT
NOW COME PLAINTIFF AND DEFENDANTS, by and through their respective counsel of record, and submit a Joint Status Report in compliance with Federal Rule of Civil Procedure 16 and the Court’s Orders filed May 9, 1997, and September 2, 1997.
ORDER
Defendants California Democratic Party (“CDP”) and Gary Paul move to dismiss Plaintiffs complaint for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). Plaintiff Federal Election Commission (“FEC” or “Commission”) opposes the motion. For the reasons stated, Defendant CDP’s motion is denied and Defendant Paul’s motion is granted.
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STANDARDS APPLICABLE TO A RULE 12(b)(6) MOTION
On a motion to dismiss brought under Rule 12(b)(6), all material allegations in the complaint must be accepted as true and the complaint must be construed in the light most favorable to the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 236 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974); NL Industries, Inc. v. Kaplan, 792 F.2d 896, 898 (9th Cir.1986); North Star International v. Arizona Corporation Commission, 720 F.2d 578, 580 (9th Cir.1983). The court is bound to give the plaintiff the benefit of every reasonable…