Sterner

Sterner v. United States Drug Enforcement Agency ("Dea")

Good Law
467 F. Supp. 2d 1017·2006 WL 3770885·2006 U.S. Dist. LEXIS 94167
United States District Court, Southern District of CaliforniaOctober 11, 2006Civil 05CV0196 JAH (POR)California11,522 words

Opinion

Opinion

Houston, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT TOUSSAINT’S MOTION TO DISMISS, OR IN THE ALTERNATIVE MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

Now before the Court is Defendant Dar-line M. Toussaint’s (“Toussaint”) motion to dismiss, or in the alternative, motion for summary judgment. Doc. No. 63. This Court, after careful consideration of the pleadings and relevant exhibits, GRANTS IN PART and DENIES IN PART Defendant Toussaint’s motion to dismiss, or in the alternative motion for summary judgment.

BACKGROUND

I. Factual Background

Plaintiff Robert Sterner (“Plaintiff’) is a licensed physician practicing medicine in the State of California since 1984. Plaintiff maintains two medical offices in El Cajon and San Diego. In 2001, Dr. Sterner began to issue recommendations for medical marijuana to some of his patients. Plaintiff is the former employer of Defendants Carew, Herrick and Stafford. Defendant Stafford left her office manager position in March 2003. Defendants Ca-rew and Herrick were terminated in May 2003.

On or about May 23, 2003, Defendant Carew approached Defendant Brasich, a DEA agent, with information regarding Plaintiffs income and the reporting of his…

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