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

Case 1:06-cv-00053-JJF

Document 69

Filed 07/31/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES A. WILSON, et al., Plaintiffs, v. HELEN LOHMAN, SCOTT MORGAN, TOM CARVAN, JAY PLUMMER and JOE FIELDS Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 06-053-KAJ

DEFENDANTS' MOTION TO DISMISS/SUMMARY JUDGMENT PURSUANT TO RULES 12 (b)(1) AND 12(b)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE COME NOW, the defendants, Helen Lohman, Scott Morgan, Tom Carvan, Jay Plummer and Joe Fields, by and through undersigned counsel, and hereby respectfully request that this Honorable Court enter an Order, pursuant to Rules 12(b)(1), 12 (b)(6) and 56(c) of the Federal Rules of Civil Procedure, dismissing with prejudice all claims against Defendants. In support of their motion to dismiss/summary judgment, Defendants have filed simultaneously herewith a memorandum of points and authorities demonstrating the requested relief. WHEREFORE, Defendants respectfully requests that this Honorable Court enter an Order dismissing Plaintiff's claims with prejudice. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Lisa Barchi Lisa Barchi #3927 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8400 [email protected] DATE: July 31, 2006 Attorney for Defendants

Case 1:06-cv-00053-JJF

Document 69

Filed 07/31/2006

Page 2 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES A. WILSON, et al., Plaintiffs, v. HELEN LOHMAN, SCOTT MORGAN, TOM CARVAN, JAY PLUMMER and JOE FIELDS Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 06-053-KAJ

ORDER AND NOW, this day of , 2006, the Motion to Dismiss filed by

Defendants in the above-captioned matter having been duly considered, and any opposition thereto, IT IS ORDERED that the Motion to Dismiss is granted and Plaintiff's Complaint is dismissed with prejudice.

_____________________________________ J.

Case 1:06-cv-00053-JJF

Document 69

Filed 07/31/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on July 31, 2006, I electronically filed Defendants' Motion to Dismiss with the Clerk of Court using CM/ECF. I hereby certify that on July 31, 2006, I have mailed by United States Postal Service, the document to the following non-registered participants: James Wilson, Gilbert Williams, Jerome Green, Jose Serpa, Wiliam Coleman, Marvin Smith, DeShawn Tatman, Jerel Custin, and Fred Newsome. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Lisa Barchi Lisa Barchi, I.D. # 3927 Deputy Attorney General Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]