Free Motion to Dismiss for Failure to State a Claim - District Court of Delaware - Delaware

Case 1:06-cv-00427-SLR

Document 21

Filed 03/14/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MARVIN D. SPADY v. Plaintiff, ) ) ) ) ) ) ) ) ) )

MARY HUDSON, AARON L. CHAFFINCH, THOMAS MACLEISH, DANIELLE KRAMKA and NANCY THOMAS, Defendants.

C.A. No. 06-427 SLR

DEFENDANTS' MOTION TO DISMISS COMPLAINT The above-captioned Defendants, by and through their counsel, hereby move this Honorable Court to enter an Order dismissing Plaintiff's Complaint with prejudice, pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), for the reasons set forth in the accompanying Defendants' Opening Brief in Support of Motion to Dismiss. DEPARTMENT OF JUSTICE STATE OF DELAWARE

/s/Stephani J. Ballard Stephani J. Ballard (I.D. No. 3481) Deputy Attorney General Carvel State Office Building 820 North French Street Wilmington, DE 19801 (302) 577-8400 Attorney for Defendants DATED: March 14, 2007

Case 1:06-cv-00427-SLR

Document 21

Filed 03/14/2007

Page 2 of 2

CERTIFICATE OF MAILING AND/OR DELIVERY
The undersigned certifies that on March 14, 2007, she caused the attached Defendants' Motion to Dismiss Complaint to be delivered to the following persons in the form and manner indicated: NAME AND ADDRESS OF RECIPIENT(S): Marvin D. Spady SBI# 224202 DCC 1181 Paddock Road Smyrna, DE 19977 MANNER OF DELIVERY: _____ One true copy by facsimile transmission to each recipient. X Two true copies by first class mail, postage prepaid, to each recipient.

_____ Two true copies by Federal Express. _____ Two true copies by hand delivery to each recipient.

/s/Stephani J. Ballard Stephani J. Ballard, I.D. No. 3481 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400 Attorney for Defendants