Free Motion to Dismiss - District Court of Connecticut - Connecticut

Case 3:00-cv-00678-SRU

Document 73

Filed 11/29/2004

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT O'KEEFE & ASSOCIATES, INC. Plaintiff VS. THEME CO-OP PROMOTIONS, INC. Defendant : : : : : NOVEMBER , 2004 CIVIL ACTION NO. 3:00CV00678 (SRU)

MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT Plaintiff, O'Keefe & Associates, Inc., respectfully moves to Dismiss Counts One through Seven of Defendant's Amended Counterclaim dated June 18, 2003. As set forth in the Memorandum of Law attached hereto, Counts One through Seven of Defendant's Amended Counterclaim should be dismissed pursuant to Rule 12(b)(6), and/or Rule 56 of the Fed.R.Civ.P., as the causes of action in question were not properly pleaded, were not filed in a timely manner, fail to state a claim upon which relief may be granted and/or lack sufficient evidentiary support to warrant a trial. THE PLAINTIFF

BY___________________________ Francis D. Burke MANGINES & BURKE, LLC 1115 Main Street, Suite 708 Bridgeport, CT 06604 (203) 336-0887 Fed. Bar No. ct18688

Case 3:00-cv-00678-SRU

Document 73

Filed 11/29/2004

Page 2 of 2

CERTIFICATION This is to certify that a copy of the foregoing has been sent, via U.S. Mail, postage prepaid, this _______ day of November 2004, to: David A. Ball, Esq. Cohen and Wolf, PC 1115 Broad Street Bridgeport, CT 06604

_____________________________ Francis D. Burke