Worthy v. Library of Congress Copyright Office Doc.

12

1 SCOTT N. SCHOOLS (SCBN 9990)

United States Attorney
2 JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
3 Assistant United States Attorney
4 450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
5 Telephone: (415) 436-6855
Facsimile: (415) 436-6927
6 Email: joann.swanson@usdoj.gov
7 Attorneys for Federal Defendant
Library of Congress Copyright Office
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
SAN FRANCISCO DIVISION
11
LONNELL B. WORTHY, ) No. C 07-5736 CRB
12 )
Plaintiff, )
13 ) FEDERAL DEFENDANT’S REPLY TO
v. ) MOTION TO DISMISS
14 )
LIBRARY OF CONGRESS COPYRIGHT )
15 OFFICE, ) Date: January 4, 2008
) Time: 10:00 a.m.
16 ) Ctrm: 8, 19th Fl.
Defendant. )
17 )
18 The Federal Defendant Library of Congress Copyright Office has specially appeared to
19 move to dismiss plaintiff’s action without prejudice. It has filed its motion on the grounds that
20 the Court lacks subject matter jurisdiction over the action and that the complaint fails to state a
21 claim upon which relief can be granted. Plaintiff has not opposed the motion. The Federal
22 Defendant requests that the action should be dismissed with leave for plaintiff to file and serve an
23 amended complaint within 30 days.
24 Respectfully submitted,
25 SCOTT N. SCHOOLS
United States Attorney
26
Dated: December 21, 2007 By: ___/s/______________________
27 JOANN M. SWANSON
Assistant U.S. Attorney
28 Chief, Civil Division

Dockets.Justia.com
1 CERTIFICATE OF SERVICE
2 Worthy v. Library of Congress Copyright Office
C 07-5736 CRB
3
The undersigned hereby certifies that she is an employee of the Office of the United States
4
Attorney for the Northern District of California and is a person of such age and discretion to be
5
competent to serve papers. The undersigned further certifies that she is causing a copy of the
6
following:
7
Federal Defendant’s Reply to Motion to Dismiss
8
to be served this date upon the party in this action by placing a true copy thereof in a sealed
9
envelope, and served as follows:
10
X FIRST CLASS MAIL by placing such envelope(s) with postage thereon fully prepaid in
11 the designated area for outgoing U.S. mail in accordance with this office's practice.
12 CERTIFIED MAIL (# ) by placing such envelope(s) with postage thereon fully prepaid in
the designated area for outgoing U.S. mail in accordance with this office's practice.
13
PERSONAL SERVICE (BY MESSENGER)
14
____ FEDERAL EXPRESS via Priority Overnight
15
____ EMAIL
16
____ FACSIMILE (FAX)
17
to the party(ies) addressed as follows:
18
Lonnell B. Worthy, Pro Se
19 7401 Arthur Street
20 Oakland, CA 94605
PH: 415.410.6659 FX: 510.430.8952
21
22 I declare under penalty of perjury under the laws of the United States that the foregoing is

23 true and correct.

24 Executed this December 21, 2007 at San Francisco, California.

25
____/s/____________________________
26 Lily Ho-Vuong
Legal Assistant
27
28

Defs. Reply To Motion to Dismiss

C 07-5736 CRB 2