Free Motion to Dismiss - District Court of Connecticut - Connecticut

Case 3:00-cv-00678-SRU

Document 64

Filed 09/27/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT _______________________________ O'KEEFE & ASSOCIATES, INC. v. Plaintiff, Civil Action No. 3:00-CV-678 (SRU)

THEME CO-OP PROMOTIONS, INC. Defendant. _______________________________ SEPTEMBER 27, 2004

MOTION TO DISMISS Defendant, Theme Co-op Promotions, Inc. ("Theme Co-op Promotions"), moves to dismiss Plaintiff's amended causes of action based upon breach of implied covenant of good faith and fair dealing (Count Three), fraudulent misrepresentation (Count Seven), and violation of the Connecticut Unfair Trade Practices Act ("CUTPA") (Count Eight) for failure to state claims upon which relief may be granted pursuant to Fed. R. Civ. P. 12(b)(6). Because Plaintiff neglects to plead essential elements of the aforementioned claims, and fails to plead fraud with the requisite particularity under Fed.R.Civ.P. 9(b), Plaintiff's amended claims must be dismissed. In that connection, because Plaintiff's amended Counts Three, Seven and Eight are merely a nugatory effort to recover attorney's fees, Plaintiff's accompanying prayer for relief seeking attorney's fees and punitive damages must also be dismissed.

Case 3:00-cv-00678-SRU

Document 64

Filed 09/27/2004

Page 2 of 3

Theme Co-op Promotions submits herewith a memorandum of law in support of this motion. THE DEFENDANT, THEME CO-OP PROMOTIONS, INC. By_____________________________ David A. Ball, Esq. Fed. Bar No. ct10154 Cohen and Wolf, P.C. 1115 Broad Street Bridgeport, CT 06604 Tel. No. (203) 368-0211

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Case 3:00-cv-00678-SRU

Document 64

Filed 09/27/2004

Page 3 of 3

CERTIFICATION
I hereby certify that on the date hereof, a copy of the foregoing Motion was mailed via First Class Mail, postage prepaid, to the following: Thomas E. Mangines, Esq. Mangines & Mangines 1115 Main Street Suite 708 Bridgeport, CT 06604 ____________________________ David A. Ball, Esq.

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