Free Motion to Dismiss/Lack of Personal Jurisdiction - District Court of Delaware - Delaware


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Date: September 7, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:07-cv-00346-SLR

Document 28

Filed 02/01/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE E.I. DU PONT DE NEMOURS AND COMPANY, Plaintiff, v. MECHANICAL INTEGRITY, INC. Defendant. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-346 (SLR)

NDT EQUIPMENT SERVICES LTD.'S AND MIKE WALKER'S MOTION TO DISMISS NDT Equipment Services Ltd. ("NDT") and Mike Walker ("Walker") hereby move for an Order dismissing the Third Party Complaint brought against them by Mechanical Integrity, Inc. The grounds for this motion are set forth in NDT's and Walker's Opening Brief and Declarations, submitted herewith. Dated: February 1, 2008 FISH & RICHARDSON P.C.

By: /s/ William J. Marsden, Jr. William J. Marsden, Jr. (#2247) Stamatios Stamoulis (#4606) Brian M. Rostocki (#4599) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899 Telephone: (302) 652-5070 Facsimile: (302) 652-0607 Email: [email protected] Email: [email protected] Email: [email protected] Attorneys for NDT Equipment Services Ltd. and Mike Walker

Case 1:07-cv-00346-SLR

Document 28

Filed 02/01/2008

Page 2 of 2

RULE 7.1.1 CERTIFICATE I hereby certify that the subject of the foregoing motion has been discussed with counsel for the defendant/third-party plaintiff, and that no agreement was reached.

/s/ William J. Marsden, Jr. William J. Marsden, Jr. (#2247) 2008-02-01 Motion to Dismiss.doc

Case 1:07-cv-00346-SLR

Document 28-2

Filed 02/01/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE E.I. DU PONT DE NEMOURS AND COMPANY, Plaintiff, v. MECHANICAL INTEGRITY, INC. Defendant. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-346 (SLR)

PROPOSED ORDER Upon consideration of NDT Equipment Services Ltd.'s ("NDT") and Mike Walker's ("Walker") Motion to Dismiss Third-Party Complaint pursuant to Rules 12(b)(2) and (b)(5) of the Federal Rules of Civil Procedure, it is hereby ORDERED that NDT's and Walker's Motion to Dismiss Third-Party Complaint is GRANTED and that the Third-Party Complaint is DISMISSED with Prejudice on this __ day of ____________, 2008.

The Honorable Sue L. Robinson

80055109.doc