Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00685-LAB-LSP

Document 6

Filed 06/09/2008

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FOLEY & LARDNER LLP 402 W. BROADWAY, SUITE 2100 SAN DIEGO, CA 92101-3542 TELEPHONE: 619.234.6655 FACSIMILE: 619.234.3510 ANDREW B. SERWIN, CA BAR NO. 179493 WILLIAM T. YOON, CA BAR NO. 245586 Attorneys for Defendant OLD REPUBLIC EQUITY CREDIT SERVICES, INC., erroneously sued as OLD REPUBLIC EQUITY CREDIT SERVICES

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

PHILIP BAUTISTA, Plaintiff, vs. BANK OF AMERICA; OLD REPUBLIC EQUITY CREDIT SERVICES, Defendants.

Case No: 08CV0685-LAB (LSP) DEFENDANT OLD REPUBLIC EQUITY CREDIT SERVICES' NOTICE OF MOTION TO DISMISS PURSUANT TO FRCP 12(B)(1) AND/OR 12(B)(6) JULY 28, 2008 DATE: TIME: 11:15 A.M. COURTROOM: 9 JUDGE: HON. LARRY ALAN BURNS

TO PHILIP BAUTISTA AND HIS ATTORNEY(S) OF RECORD: PLEASE TAKE NOTICE that on July 28, 2008, at 11:15 a.m., or as soon thereafter as this matter may be heard in Courtroom 9 of the above-entitled Court located at 940 Front Street, San Diego, California, Defendant Old Republic Equity Credit Services, Inc., erroneously sued as Old Republic Equity Credit Services ("Old Republic") will, and hereby does, move this Court for an order dismissing the entire action pursuant to FRCP 12(b)(1) and/or 12(b)(6). /// ///
OLD REPUBLIC EQUITY CREDIT SERVICES' NOTICE OF MOTION TO DISMISS CASE NO. 08CV0685-LAB (LSP)

SDCA_1177507.1

Case 3:08-cv-00685-LAB-LSP

Document 6

Filed 06/09/2008

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This motion will be based upon this Notice, the memorandum of points and authorities filed in support thereof, and the pleadings on file herein and such evidence and argument as the Court may consider at the hearing hereon.

Dated: June 9, 2008

FOLEY & LARDNER LLP ANDREW B. SERWIN WILLIAM T. YOON By: /s/ Andrew B. Serwin ANDREW B. SERWIN Attorneys for Defendant OLD REPUBLIC EQUITY CREDIT SERVICES, INC., erroneously sued as OLD REPUBLIC EQUITY CREDIT SERVICES

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OLD REPUBLIC EQUITY CREDIT SERVICES' NOTICE OF MOTION TO DISMISS CASE NO. 08CV0685-LAB (LSP)
SDCA_1177507.1