SCHIMSKY

ORDER GRANTING DEFENDANT OPM’S MOTION TO DISMISS FOR LACK OF JURISDICTION, GRANTING WITH LEAVE TO AMEND DEFENDANT KINDRED HOSPITAL’S MOTION TO DISMISS, & DENYING WITHOUT PREJUDICE DEFENDANT KINDRED HOSPITAL’S MOTION FOR RULE 11 SANCTIONS

On June 12, 2008, the Court granted Defendant THC-Orange County, Inc.’s (“Kindred Hospital”) motion to dismiss the complaint with leave to amend. (Doc. No. 10.) On July 11, 2008, Plaintiff filed a first amended complaint (“FAC”). (Doc. No. 11.) On July 30, 2008, Defendant Kindred Hospital filed a motion to dismiss the FAC. (Doc. No. 13.) Defendant United States Office of Personnel Management (“OPM”) filed a motion to dismiss the FAC on July 31, 2008. (Doc. No. 15.) On August 29, 2008, Defendant Kindred Hospital filed a motion for sanctions pursuant to Rule 11 against Plaintiffs counsel, Yale and Baumgarten (Doc. No. 24.)

On August 25, 2008, the Court submitted Defendant OPM and Kindred Hospital’s motions to dismiss pursuant to its discretion under Local Rule 7.1(d)(1). (Doe. No. 16.) The Court concludes that Defendant Kindred Hospital’s Rule 11 motion for sanctions is similarly suitable for decision without oral argument. Therefore, the Court…