J.A.M.
J.A.M. v. United States of America
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 J.A.M., a minor child; O.A.M., a minor Case No.: 22-CV-0380-GPC-BGS child; and THELMA MEDINA Navarro, 11 their mother, ORDER DENYING DEFENDANT UNITED STATES OF AMERICA’S Plaintiffs,
MOTION TO DISMISS PURSUANT
13 v. TO FRCP 12(b)(1) 14 UNITED STATES OF AMERICA, et al, [ECF No. 4] 15 Defendants.
17 On May 24, 2022, Defendant United States of America (“Defendant” or “United 18 States”) filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure (“Rule”) 19 12(b)(1) and 12(b)(6), or in the alternative, for summary judgment under Rule 56(a). ECF 20 No. 4. On July 15, 2022, Plaintiffs filed an Ex Parte Application pursuant to Rule 56(d) 21 for an order deferring consideration of Defendant’s motion for summary judgment and to 22 allow Plaintiffs to take discovery. ECF No. 10. The following day, the United States filed 23 its Non-opposition to Plaintiffs’ Ex Parte Application withdrawing its motions under Rules 24 12(b)(6) and 56(a). ECF No. 11. …