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

Case 1:07-cv-00103-GMS

Document 3

Filed 02/28/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MAURICE JOHNSON, and KELLY LYNETTE LUCAS, his wife, Plaintiffs, v. CITY OF NEWARK, and, NEWARK POLICE DEPARTMENT, Defendants. : : : : : : : : : : :

C.A. No. 07-103

JURY TRIAL DEMANDED

NOTICE OF MOTION TO DISMISS PLAINTIFFS' COMPLAINT

PLEASE TAKE NOTICE that Defendants, City of Newark and Newark Police Department's Motion to Dismiss Plaintiffs' Complaint will be presented to the assigned Judge for the United States District Court for the District of Delaware at the convenience of the Court.

MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN

BY:

/s/ Daniel A. Griffith, Esquire DANIEL A. GRIFFITH, ESQUIRE DE ID No. 4209 1220 N. Market Street, 5th Floor P.O. Box 8888 Wilmington, DE 19899-8888 302-552-4317 Attorney for Defendants

Dated: February 28, 2007

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Case 1:07-cv-00103-GMS

Document 3

Filed 02/28/2007

Page 2 of 2

CERTIFICATE OF SERVICE I, Daniel A. Griffith, Esquire hereby certify that on the date indicated below a true and correct copy of the Notice of Motion to Dismiss Plaintiffs' Complaint were forwarded to the below named addressee via electronic filing:

Morton Richard Kimmel, Esquire Kimmel, Carter, Roman & Peltz, PA 200 Biddle Avenue, Suite 101 Springside Plaza P.O. Box 1070 Bear, Delaware 19701 Attorney for Plaintiffs MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN

/s/ Daniel A. Griffith, Esquire DANIEL A. GRIFFITH, ESQUIRE DE ID No. 4209 1220 N. Market Street, 5th Floor P.O. Box 8888 Wilmington, DE 19899-8888 302-552-4317 Attorney for Defendants Dated: February 28, 2007

Case 1:07-cv-00103-GMS

Document 3-2

Filed 02/28/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MAURICE JOHNSON, and KELLY LYNETTE LUCAS, his wife, Plaintiffs, v. CITY OF NEWARK, and, NEWARK POLICE DEPARTMENT, Defendants. : : : : : : : : : : :

C.A. No. 07-103

JURY TRIAL DEMANDED

ORDER This matter having been brought before the Court by Daniel A. Griffith, Esquire of Marshall, Dennehey, Warner, Coleman & Goggin, attorneys for the Defendants, City of Newark and Newark Police Department and the Court having considered the moving papers and any opposition filed thereto; and having heard the arguments of counsel; and for other and further good cause shown; It is on this day of , 2007, hereby ORDERED and

ADJUDGED that Plaintiffs' Complaint be and hereby is DISMISSED with prejudice as to the City of Newark and the Newark Police Department pursuant to Fed. R. Civ. P. 12 (b)(6) for failure to state a claim upon which relief can be granted. This shall be deemed a final Order.

J.