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