Free Reply Brief - District Court of Delaware - Delaware

Case 1 :O6—cv—OO539-SLR Document 30 Filed O4/25/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOURDEAN LORAH, :
Plaintiff, Civil Action No. 06-539 SLR
DEPARTMENT OF NATURAL RESOURCES AND I
ENVIRONMENTAL CONTROL and :
THE PMA GROUP, : _
Defendants.
DEFENDANT, THE PMA GROUP’S RESPONSE BRIEF IN OPPOSITION TO
PLAINTIFF’S MOTION TO AMEND MOTION TO DISMISS
Defendant, The PMA Groupl ("PMA"), by and through its undersigned counsel, White
and Williams LLP, hereby responds to Plaintiffs “Motion to Ammend Motion to Dismiss" and p
requests this Court issue an order dismissing plaintiffs complaint pursuant to Fed. R. Civ. P.
l2(b)(l), (b)(4), (b)(5) and (b)(6). In support of its position, PMA relies upon and hereby
incorporates by reference its original Motion to Dismiss and reply brief in support of the Motion
to Dismiss. By way of further response, PMA states the following:
I. As addressed in her Motion to Amend Motion to Disrniss, Plaintiff now appears
to be seeking compensation for, among other things, the following issues: "the financial
extortion of her mother’s home," cigarette butts and dog feces on the lawn of her mothefs home,
property damage to her automobile, “the extortion of marriage/divorce," “no career, no
retirement, no place to live without employment and defamation regarding her na1ne."(Docl item 26 at p. 3-5).
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I PMA Management Corp. is improperly named as "Thc PMA Group” in plaintiffs complaint.
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Case 1:06-cv-00539-SLR Document 30 Filed O4/25/2007 Page 2 of 2
2. Once again, Plaintiff fails to assert any action on the part of PMA that gives rise to
the award of damages. PMA has no connection to any of the allegations raised for the first time
in plaintiffs motion. Therefore, dismissal is appropriate pursuant to Fed. R. of Civ. P. 12 (b)(6)
for failure to state a claim upon which relief can be granted.
3. Again, plaintiff fails to allege any legal or factual issues relevant to a federal
controversy under Title VH or 42 U.S.C. §§ 1981, 1983. Therefore, plaintiffs complaint should E
be dismissed.
4. Again, plaintiff has failed to take any corrective measures regarding naming the
proper PMA entity as a defendant or service of process of the Complaint on the correct entity,
despite two notifications by PMA in its motion papers. Therefore, PMA moves to dismiss all
claims against it pursuant to Fed. R. of Civ. P. Rule 12(b)(4) and (5) for insufficient process and 1
service of process.
WHEREFORE, based upon plaintiffs failure to allege a federal controversy, failure to
state a claim against PMA and insufficient process and service of process, PMA respectfully
requests that the Court dismiss plaintiffs complaint.
WHITE AND WILLIAMS LLP
Y I B ‘
JOHN D. BALAGUER (#2537)
JENNIFER HURVITZ BURBINE (#4416)
824 North Market Street, Suite 902 i
P.O. Box 709
Wilmington, DE 19899-0709
(302) 467-4531
Atlorneysfor Dejerzdamj T he PMA Group
Dated: April 25, 2007 l
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Case 1:06-cv-00539-SLR Document 30-2 Filed 04/25/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOURDEAN LORAH, ;
Plaintiff, Civil Action No. 06-539 SLR
DEPARTMENT OF NATURAL RESOURCES AND in
ENVIRONMENTAL CONTROL and ;
THE PMA GROUP, ;
Defendants.
A ORDER
HAVING CONSIDERED The PMA Group’S motion to dismiss plaintiff’ s complaint,
and all responses thereto; ‘ Q
IT IS HEREBY ORDERED that plaintiffs complaint is DISMISSED WITH
PREJUDICE insofar as the complaint is brought against The PMA Group. A
The Honorable Sue L. Robinson
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Case 1:06-cv-00539-SLR Document 30-3 Filed O4/25/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOURDEAN LORAH, _ :
Plaintiff, Civil Action No. 06-539 SLR
V. Q
DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL and : I
THE PMA GROUP, 1
Defendants.
CERTIFICATE OF SERVICE
I, Jennifer Hurvitz Burbine, Esquire, do hereby certify that on this 25th day of April, 1
2007, two copies of the above foregoing RESPONSE IN OPPOSITION TO PLAINTIFF’S I
MOTION TO AMEND MOTION TO DISMISS were served upon the following via tirst class I
mail, postage prepaid:
Jourdean Lorah Robert F. Phillips, Esquire
114 Walls Avenue Department of Justice
Wilmington, DE 19805 820 N. French Street, 6m Floor
Wilmington, DE 19801
WHITE AND WILLIAMS LLP
, · é E ‘ Q
JOHN D. BALAGUER (#2537)
JENNIFER HURVITZ BURBINE (#4416)
824 North Market Street, Suite 902
P.O. Box 709
Wilmington, DE 19899-0709
(302) 467-4531
Attorneysfor Defendanzi The PMA Group
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