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Raise your hand if you didn't see this Motion to Dismiss coming.

Yeah, my hand isn't up either.

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

SINDEELOU THOMSON,
Plaintiff,

v.

JOHN T. DOOLITTLE,
Defendant.

MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT OF DEFENDANT JOHN T. DOOLITTLE

Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), defendant John T. Doolittle, United States Representative for California’s 4th congressional district, respectfully moves for an order dismissing all claims against him with prejudice on the grounds that the Complaint fails to state a cause of action upon which relief may be granted, and Congressman Doolittle is immune from suit. In addition, or in the alternative, Congressman Doolittle moves for summary judgment pursuant to Federal Rule of Civil Procedure 56 because there are no material facts in dispute and the Congressman is entitled to summary judgment as a matter of law. Simultaneously herewith, we have filed a Memorandum of Points and Authorities,
-2-
Statement of Undisputed Facts, and a Proposed Order.

We do not request oral argument inasmuch as this matter may appropriately be decided by the Court without a hearing based on the Notice of Motion, Motion, Statement of Undisputed Facts, Memorandum of Points and Authorities in support thereof, and any subsequent pleadings filed.

Respectfully submitted,

GERALDINE R. GENNET
General Counsel
KERRY W. KIRCHER
Deputy General Counsel

/s/ Christine Davenport
CHRISTINE DAVENPORT
Assistant Counsel
Office of General Counsel1
U.S. House of Representatives
219 Cannon House Office Building
Washington, D.C. 20515
202-225-9700 (telephone)
202-226-1360 (facsimile)
Counsel for Defendant John T. Doolittle
August 15, 2007

[1 Attorneys in the Office of General Counsel for the U.S. House of Representatives are “entitled, for the purpose of performing the counsel’s functions, to enter an appearance in any proceeding before any court of the United States . . . without compliance with any requirement for admission to practice before such court . . . .” 2 U.S.C. § 130f(a) (2004).]

Attachment	Date	Size
MotionDismiss.pdf	08/17/07 3:27 pm	23.41 KB