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

Case 1:05-cv-00567-GMS

Document 19

Filed 01/13/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) v. ) ) ANDREA L. ROCANELLI, individually and ) in her Official capacity as Chief Counsel of the ) Office of Disciplinary Counsel for the Supreme ) Court of Delaware; THE STATE OF ) DELAWARE, and THE OFFICE OF ) DISCIPLINARY COUNSEL FOR THE ) SUPREME COURT OF DELAWARE, ) ) Defendants. ) JOSEPH N. GIELATTA,

Civil Action No. 05-567-GMS

DEFENDANTS' MOTION TO DISMISS COME NOW the individual defendants and hereby move this Honorable Court to dismiss the Complaint against them pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, and pursuant to principles of federalism and comity.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Richard W. Hubbard _________________________ Richard W. Hubbard, I.D. #2442 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8308 [email protected] Attorney for Defendants

Dated: January 13, 2006

Case 1:05-cv-00567-GMS

Document 19

Filed 01/13/2006

Page 2 of 2

CERTIFICATE OF MAILING AND/OR DELIVERY
The undersigned certifies that on January 13, 2006, he caused the foregoing document to be delivered to the following persons in the form and manner indicated: NAME AND ADDRESS OF RECIPIENT(S): Joseph N. Gielata, Esquire 501 Silverside Road, Ste. 90 Wilmington, DE 19809 MANNER OF DELIVERY: x One true copy by electronic delivery. One true copy by facsimile transmission to each recipient _Two true copies by first class mail, postage prepaid, to each recipient Two true copies by Federal Express _ Two true copies by hand delivery to each recipient /s/ Richard W. Hubbard ______________________________ Richard W. Hubbard, I.D. # 2442 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8308 [email protected]