Park

Park v. Oxford University

Good Law

35 F. Supp. 2d 1165·1997 WL 1074332·1997 U.S. Dist. LEXIS 23419

United States District Court, Northern District of CaliforniaDecember 1, 1997C-97-20537 RMWCalifornia1,339 words

Opinion

Whyte, J.

ORDER GRANTING DEFENDANT MOTION TO DISMISS

Defendant Oxford University’s motion to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2) and plaintiffs motions to strike were submitted on November 21, 1997. The court has read the moving and responding papers. For the reason set forth below, the court denies plaintiffs motions to strike and grants defendant’s motion to dismiss and dismisses the entire action with prejudice.

I. BACKGROUND

Plaintiff Tong Park brings this action against defendant Oxford University (“Oxford”) and its constituent college, Oriel College, pursuant to 42 U.S.C. § 1983 . Plaintiffs complaint alleges that he was denied his right to due process of law by defendant when Oxford expelled him on May 31, 1990. Defendant now moves to dismiss the complaint for want of personal jurisdiction.

II. ANALYSIS

A. Motions to Strike

Although it is unclear, it appears that plaintiff seeks to have the declarations in support of Oxford’s motion stricken pursuant to Rule 12(h). Plaintiffs motion is without merit. It is well established that declarations may be substituted for affidavits. See 28 U.S.C. § 1746 ; Jack v. Trans World…

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