Plaskett
Plaskett v. McCarthy
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7
JEFFREY K PLASKETT,
8 Case No. 5:18-cv-06466-EJD Plaintiff, 9 ORDER GRANTING DEFENDANT’S v. MOTION TO DISMISS 10 RYAN D. MCCARTHY, Re: Dkt. No. 21 11 Defendant. 12
13 14 Plaintiff Jeffrey K. Plaskett (“Plaintiff”) filed this lawsuit against Defendant, Dr. Mark 15 Esper, former Secretary of the United States Department of the Army (“Defendant”),1 bringing 16 two causes of action. Compl. ¶ 1. Plaintiff seeks two Writs of Mandamus: (1) a Writ of 17 Mandamus ordering Defendant to pay Plaintiff back wages allegedly owed under the 18 Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et seq., and the Mandamus Act, 28 U.S.C. 19 § 1361; and (2) a Writ of Mandamus ordering payment of monetary sanctions in the form of 20 attorney’s fees. Id. at ¶¶ 30-37. Defendant moves to dismiss Plaintiff’s claims under Federal Rule 21 of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction and…