Bouey
Bouey v. United States of America
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 JANINE BOUEY, Case No.: 22-cv-442-W-NLS
Plaintiff,
ORDER GRANTING IN PART
v. AND DENYING IN PART
DEFENDANT’S MOTION TO
UNITED STATES OF AMERICA and
DISMISS, OR, IN THE
CBP OFFICER JANE DOE,
ALTERNATIVE, TO STRIKE Defendant(s).
THE COMPLAINT WITHOUT
PREJUDICE
19 Pending before the Court is Defendant United States of America’s motion to dismiss Plaintiff Janine Bouey’s Bane Act claim to the extent it seeks attorneys’ fees. (Mot. [Doc. 5].) In the alternative, Defendant seeks to strike Plaintiff’s demand for attorneys’ fees contained in the Prayer for Relief. (Id.) Plaintiff opposes both requests. (Opp’n [Doc. 6].) The Court decides the matter on the papers submitted and without oral argument. See Civ. R. 7.1(d)(1). For the following reasons, the Court DENIES Defendant’s motion to dismiss the Bane Act claim and GRANTS Defendant’s request to strike the demand for 27 …