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

Case 1 :05-cv-00194-JJF Document 5 Filed 06/06/2005 Page 1 of 4 Z
IN THE UNITED STATES DISTRICT COURT .
FOR THE DISTRICT OF DELAWARE
DOROTHY HOULIHAN, )
) 9
Plaintiffs, )
) C.A. No. 05-00194 JJF
SUSSEX TECHNICAL SCHOOL DISTRICT, ) TRIAL BY JURY OF TWELVE g
SUS SEX TECHNICAL SCHOOL DISTRICT ) DEMANDED
BOARD OF EDUCATION, SANDRA WALLS- ) ¤
CULOTTA, individually, and in her official )
capacity, and STEVE HUBER, individually, and in )
his official capacity, )
) .
1 Defendants. )
)
· )
DEFENDANTS’ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN
THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT
I Pursuant to Federal Rule of Civil Procedure l2(b)(6), the defendants hereby move the ‘ ` _
Court for dismissal of this action for the reasons stated in the Defendants Opening Brief in
Support of Their Motion to Dismiss for Failure to State a Claim or, in the alternative, Motion for
a More Definite State, which is incorporated herein as if set forth in full. In the alternate,
pursuant to Federal Rule of Civil Procedure l2(e) and for the reasons stated in the Defendant’s I
Opening Brief, the Court should order the plaintiff to provide a more definite statement. C
A RESPECTFULLY SUBMITTED,
Date: June 6, 2005 »
· WHITE AND WILLIAMS, LLP 1
=-JOHN D. BALAGUER r
Bar ID #2537
· WILLIAM L. DOERLER . .
Bar ID. # 3627
P.O. Box 709
Wilmington, DE 19899-0709
302-467-4508
DOCS__DE rrrxasvr

Case 1:05-cv-00194-JJF Document 5 Filed 06/06/2005 Page 2 of 4
· t Attorneys for Defendants Sussex
Technical School District, Sussex V
Technical School District Board of
Education, Sandra Walls—Cu1otta, and
Steve Huber
-2-
oocs_oE 1 nzssvi ·

Case 1 :05-cv-00194-JJF Document 5 Filed 06/06/2005 Page3 of 4 p
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DOROTHY HOULIHAN, )
)
W Plaintiffs, )
) C.A. No. 05-00194 JIF
v. g
SUSSEX TECHNICAL SCHOOL DISTRICT, ) TRIAL BY JU RY OF TWELVE
SUSSEX TECHNICAL SCHOOL DISTRICT ) DEMANDED 6
BOARD OF EDUCATION, SANDRA WALLS- )
CULOTTA, individually, and in her official )
capacity, and STEVE HUBER, individually, and in )
his official capacity, I )
‘ )
Defendants. )
)
. )
ORDER
WHERAS this day of , 2004, having ‘
considered the Defendants’ Motion to Dismiss for Failure to State a Claim and the
Plaintiffs response thereto, it is hereby ordered that the Motion is GRANTED. The
plaintiffs Complaint, therefore, is dismissed, with prejudice.
IT IS SO ORDERED.
JUDGE
DOCS_DE 110446vl

Case 1 :05-cv-00194-JJF Document 5 Filed 06/06/2005 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT I
. FOR THE DISTRICT OF DELAWARE I
DOROTHY HOULIHAN, )
)
Plaintiffs, )
) C.A. No. 05-00194 JJF
v. ) .
. · ) _
SUSSEX TECHNICAL SCHOOL DISTRICT, ) TRIAL BY JURY OF T WELVE
SUSSEX TECHNICAL SCHOOL DISTRICT ) DEMANDED
BOARD OF EDUCATION, SANDRA WALLS- )
CULOTTA, individually, and in her official )
capacity, and STEVE I-IUBER, individually, and in ) j
his official capacity, )
) . I
Defendants. )
CERTIFICATE OF SERVICE I
I, William L. Doerler, Esquire, do hereby certify that on this 6th day of June, 2005, two
copies of the foregoing DEFENDANTS’ MOTION TO DISMISS FOR FAILURE TO ·
STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE
STATEMENT were delivered via First Class Mail, postage prepaid, upon:
Brian F. Dolan, Esquire
V Stumpi Vickers & Sandy, P.A. A
8 West Market Street ·
Georgetown, DE 19947 2
V WHITE AND WILLIAMS, LLP
JOHN D. BALAGUER
Bar ID. # 2537
WILLIAM L. DOERLER
I Bar ID. # 3627
P.O. Box 709
I Wilmington, DE 19899-0709
302-467-4508
, Attorneys for Defendants Sussex Technical
School District, Sussex Technical School
District Board of Education, Sandra Walls-
Culotta, and Steve Huber
~ nocs_DE ll issavi