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SCHIMSKY v. U.S. OFFICE OF PERSONNEL MANAGEMENT

Case No. 07-CV-2432-H (LSP).

587 F.Supp.2d 1161 (2008)

Arnold SCHIMSKY, as Trustee of The Ann P. Shimsky Trust and representative of Ann P. Shimsky, deceased, Plaintiff, v. UNITED STATES OFFICE OF PERSONNEL MANAGEMENT; THC-Orange County, Inc., dba Kindred Hospital San Diego, Defendant.

United States District Court, S.D. California.

October 3, 2008.

Attorney(s) appearing for the Case

David W. Baumgarten, Yale and Baumgarten, San Diego, CA, for Plaintiff.

US Attorney CV, U.S. Attorneys Office, Southern District of California, Civil Division, Cindy M. Cipriani, U.S. Attorneys Office, Southern District of California, San Diego, CA, Alexander F. Giovanniello, Giovanniello and Michels LLP, Diamond Bar, CA, for Defendant.

ORDER GRANTING DEFENDANT OPM'S MOTION TO DISMISS FOR LACK OF JURISDICTION, GRANTING WITH LEAVE TO AMEND DEFENDANT KINDRED HOSPITAL'S MOTION TO DIMISS, & DENYING WITHOUT PREJUDICE DEFENDANT KIDRED HOSPITAL'S MOTION FOR RULE 11 SANCTIONS

MARILYN L. HUFF, District Judge.

On June 12, 2008, the Court granted Defendant THC-Orange County, Inc.'s ("Kindred Hospital") motion to dismiss the complaint with leave...

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