UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
August 6, 2008
NORMA KIRSCH; AMI ABBOTT; MANDY ANDERSON; AND THE ESTATE OF RICHARD KIRSCH, DECEASED;, PLAINTIFFS,
UNITED STATES, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: William Q. Hayes United States District Judge
The matter before the Court is Defendant's motion to dismiss the complaint and strike the jury demand (Doc. # 5).
On February 14, 2008, Plaintiffs Norma Kirsch, Amy Abbott, Mandy Anderson, and the Estate of Richard Kirsch filed a complaint against Defendant United States under the Federal Tort Claims Act. (Doc. # 1). On June 2, 2008, Defendant moved to dismiss the complaint for insufficiency of service of process and for an order striking the jury demand of the complaint. (Doc. # 5). On July 7, 2008, Plaintiffs filed a response agreeing that the motion to strike the jury demand should be granted. (Doc. # 6). On July 14, 2008, Defendant filed a reply withdrawing its motion to dismiss the complaint for insufficiency of service of process. (Doc. # 8).
It is hereby ordered that Defendant's motion to dismiss (Doc. # 5) the complaint for insufficiency of service of process is DENIED as moot and the motion to strike the jury demand (Doc. # 5) is GRANTED.
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