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Good morning this is matter see versus take the appearances please this is the motion hearing and also a hearing on former boss bill Raster or the magnetic pen sitting next to me is EDF group good morning honor Dennis with welcome to the attorney Mr. Randolph is present in court and Mr. Miranda is on call notice Mr. rice marries subpoenaed both of them we're right first we have Cameron court this morning the request to film these proceedings that was made last week it was timely made for some people one two — I understand notice was provided to all parties concerning the fact that there was a request by a media group to film there was no objection received and of course 22 presumes filming by media and subject to limitation if there are appropriate reasons for Canada granted leave for these proceedings I also do need to confirm though sir can I get your name John Robert is breaking and Mr. breaking my understanding is that you're willing to share or pool any feed from these proceedings absolutely, and you have a capability of threes yes they do thank you very much thank you all right before we've got a couple of motions the City filed in connection with the matter there's a motion to dismiss soon to rule 12 B 1 which is like subject jurisdiction 12 B 2 which is lack of personal jurisdiction 12 B 6 failure state claim upon which relief from the granted there's also thank you the protective order I put in because deposition she missed Messes Randolph and Miranda, and I'll explain why there was done not occur I will just get it on the record it's part of my explanation your honor miss Cruz has sued the defendants in the wrong capacity, and she's never amended her complaint so strange as it may seem I don't think there's a case before you right now when she sued them an individual capacity, and she said it right in her complaint right in the body of the complaint for problems arose first Mr. Randolph and Mr. Miranda have never been served personally or through substituted service 4.2 D would require that they're a to be personal or so service someone who sued individually now I'm sure that Mr. Laser is going to try to tell you that you served the complaint on the City Clerk's office which I agreed he did and if he had sued the city or if he had sued Mr. Randolph and Mr. Miranda an official capacity that would be sufficient on your four point two excuse me I've said for 22, and I'm in 4.1 4.1 d and for 21 five, but it's not sufficient when we have individual that you're suing in an individual capacity I noticed in his response to my motion he kept saying well I can sue an individual, or I can sue the city he's not getting it he's suing in the wrong capacity and so that they're having never been served Mr. Randolph is right here, but he's never been formally something in court he's never been given the opportunity to get counsel I don't represent him individually, and we don't have a case that's true of Mr. Miranda also the only thing I would say is...
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