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Home Source documents [Proposed] Order Granting Defendant United States Small Business Administration’s Motion to Dismiss the Complaint — Brandon Joe Williams v. United States Small Business Administration, No. 2:24-cv-09553-RGK-SK (Dkt. 8-1, C.D. Cal.)

[Proposed] Order Granting Defendant United States Small Business Administration’s Motion to Dismiss the Complaint — Brandon Joe Williams v. United States Small Business Administration, No. 2:24-cv-09553-RGK-SK (Dkt. 8-1, C.D. Cal.)

Summary

Proposed order filed November 12, 2024, as Document 8-1 in Brandon Joe Williams v. United States Small Business Administration, No. 2:24-cv-09553-RGK-SK, in the Central District of California, with a hearing date of December 23, 2024 at 9:00 a.m. before Judge R. Gary Klausner. The draft recites that the Small Business Administration moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), on the ground that the United States and its agencies have not waived sovereign immunity for certain asserted claims, and under Rule 12(b)(6) for failure to state any actionable claim. As proposed, the order would grant the motion in its entirety and deny leave to amend because the deficiencies cannot be cured. The date and signature lines are blank.

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Full text

     Case 2:24-cv-09553-RGK-SK   Document 8-1    Filed 11/12/24   Page 1 of 2 Page ID
                                       #:116



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                             UNITED STATES DISTRICT COURT
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                    FOR THE CENTRAL DISTRICT OF CALIFORNIA
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14   BRANDON JOE WILLIAMS,                      No. 2:24-cv-09553-RGK-SK
15              Plaintiff,                      [PROPOSED] ORDER GRANTING
                                                DEFENDANT UNITED STATES
16                    v.                        SMALL BUSINESS
                                                ADMINISTRATION’S MOTION TO
17   UNITED STATES SMALL                        DISMISS THE COMPLAINT
     BUSINESS ADMINISTRATION,
18                                              Hearing Date:     December 23, 2024
                Defendant.                      Hearing Time:     9:00 a.m.
19                                              Ctrm:             850
20                                              Honorable R. Gary Klausner
                                                United States District Judge
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     Case 2:24-cv-09553-RGK-SK     Document 8-1     Filed 11/12/24   Page 2 of 2 Page ID
                                         #:117



 1         On November 12, 2024, defendant United States Small Business Administration
 2   (“Defendant”) filed a Motion to Dismiss the Complaint filed by plaintiff Brandon Joe
 3   Williams (“Plaintiff”). Defendant seeks dismissal of Plaintiff’s Complaint pursuant to
 4   Federal Rule of Civil Procedure 12(b)(1) on the grounds that the United States and its
 5   federal agencies have not waived sovereign immunity to permit certain asserted claims.
 6   Defendant also moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6)
 7   on the ground that Plaintiff fails to state any actionable claim upon which relief can be
 8   granted.
 9         The Court, having considered the Motion, as well as the arguments of the parties
10   and the papers submitted, and finding good cause, it is hereby ordered that:
11         The Defendant’s Motion to Dismiss is GRANTED in its entirety. Granting leave
12   to amend the Complaint is not appropriate as the deficiencies cannot be cured.
13         IT IS SO ORDERED.
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15   Dated: _____________                  _________________________________
16                                         Honorable R. Gary Klausner
                                           United States District Judge
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