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

Case 1:07-cv—00086-G|\/IS Document 7 Filed 06/13/2007 Paget of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
I-IUNTLEY & ASSOCIATES, L.L.C., )
Plaintiff, I l
v. g C.A. No. 07-086 (GMS)
MONTEREY MUSHROOMS, INC., g
Defendant. 3
)
DEFENDANT MONTEREY MUSHROOMS’
RULE 12(b)(1) MOTION TO DISMISS WITH PREJUDICE
FOR LACK OF STANDING AND SUBJECT MATTER JURISDICTION
Defendant Monterey Mushrooms, Inc. respectfully moves this Court to dismiss
with prejudice Plaintiff Huntley & Associates, L.L.C.’s Complaint for Patent Infringement,
pursuant to Federal Rule of Civil Procedure l2(b)(l) for lack of standing and subject matter
jurisdiction. The grounds for this motion are fully set forth in Defendant Monterey Mushrooms’
Opening Brief in Support of Its Rule l2(b)(l) Motion to Dismiss With Prejudice for Lack of
Standing and Subject Matter Jurisdiction, filed contemporaneously herewith.
WHEREFORE, Defendant Monterey Mushrooms, Inc. respectfully requests this
Court to grant its motion and to enter an order in the form attached hereto.

Case 1:07-cv—00086-G|\/IS Document 7 Filed 06/13/2007 Page 2 of 4
MORRIS,N1CHOLS, ARs1-1T & TUNNELL LLP
/s/Thomas C. Qrimm
Thomas C. Grimm (#1098)
Benjamin J. Schladweiler (#4601)
1201 N. Market Street
P.O. Box 1347
Wilmington, DE 19899-1347
302.652%.9200
[email protected]
[email protected]
Attorneys for Defendant
Monterey Mushrooms Inc.
OF COUNSEL:
Ricardo Rodriguez
Reuben H. Chen
COOLEY GoDwARD KRoN1sH LLP
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
650.843.5000
Dated: June 13, 2007
860818
2.

Case 1:07-cv—00086-G|\/IS Document 7 Filed 06/13/2007 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HUNTLEY & ASSOCIATES, L.L.C., )
Plaintiff, j
v. j C.A. No. 07-086 (GMS)
MONTEREY MUSI-IROOMS, INC., j
Defendant. j
J
|PROPOSED| ORDER
The Court having considered Defendant Monterey Mushroon1s’ Rule l2(b)(l)
Motion to Dismiss With Prejudice for Lack of Standing and Subject Matter Jurisdiction, and the
parties’ arguments in support of and opposition to the motion,
IT IS HEREBY ORDERED that Defendant Monterey Mushrooms’ Rule 12(b)(1)
Motion to Dismiss With Prejudice for Lack of Standing and Subject Matter Jurisdiction is
GRANTED.
Dated:
United States District Judge
3.

Case 1:07-cv—00086-G|\/IS Document 7 Filed 06/13/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on June 13, 2007, I electronically filed the foregoing
document with the Clerk of the Court using CM/ECF which will send notification of such filing
to the following:
Donald W. Huntley
HUNTLEY & ASSOCIATES
I also certify that on June 13, 2007, true and correct copies of the foregoing were
caused to be served upon the following individuals in the manner indicated:
BY HAND
Donald W. Huntley
HUNTLEY & ASSOCIATES
1 105 North Market Street
Wilmington, DE 19899-0948
/s/G3e1z]l:1min J. Scfifacfweifer
Benjamin J. Schladweiler (#4601)
[email protected]
asosis
4.