Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00529-WQH-BLM

Document 7

Filed 04/14/2008

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1 SULLIVAN, HILL, LEWIN, REZ & ENGEL A Professional Law Corporation 2 Cynthia A. Fissel, SBN 164153 550 West "C" Street, Suite 1500 3 San Diego, California 92101 Telephone: (619) 233-4100 4 Fax Number: (619) 231-4372 [email protected] 5 James S. Rigberg, Pro Hac Vice (Arizona Bar No. 015267) 6 MARISCAL, WEEKS, McINTYRE & FRIEDLANDER, P.A. 7 2901 North Central Avenue, Suite 200 Phoenix, Arizona 85012-2705 8 Telephone: (602) 285-5000 Fax Number: (602) 285-5100 9 [email protected] 10 Attorneys for Defendant, CRISIS MANAGEMENT, LLC 11 UNITED STATES DISTRICT COURT 12 SOUTHERN DISTRICT OF CALIFORNIA 13 YOU WALK AWAY, LLC, a California 14 limited liability company,, 15 16 v. 17 CRISIS MANAGEMENT, LLC, an Arizona corporation, and WALK AWAY 18 PLAN, LLC, a business entity of unknown form, 19 Defendants. 20 21 22 23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN that on May 19, 2008, at 11:00 a.m., in Courtroom 4 of the Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08 CV 0529 WQH BLM NOTICE OF MOTION OF CRISIS MANAGEMENT, LLC TO DISMISS, STAY, OR TRANSFER VENUE TO THE DISTRICT OF ARIZONA [NO ORAL ARGUMENT UNLESS REQUESTED BY COURT] Date: May 19, 2008 Time: 11:00 a.m. Crtm.: 4 Judge: Hon. William Q. Hayes

24 above-entitled court, located at 940 Front Street, San Diego, California, Defendant Crisis 25 Management, LLC will, and hereby does, move for an order pursuant to Federal Rule of Civil 26 Procedure 12(b)(3) and 28 U.S.C. § 1404 to dismiss, stay or transfer venue of this action to the 27 United States District Court for the District of Arizona. 28
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Case No. 08 CV 0529 WQH BLM

Case 3:08-cv-00529-WQH-BLM

Document 7

Filed 04/14/2008

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The motion will be made on the ground that a complaint involving the same parties and

2 issues has already been filed in the United States District Court for the District of Arizona. Under 3 the well-settled first to file rule, this action should be dismissed, stayed or transferred to the District 4 of Arizona. 5 The motion will be based on this notice of motion, the declarations of Paul Helbert and

6 James S. Rigberg and the exhibits thereto, and the memorandum of points and authorities served and 7 filed concurrently herewith, on the complaint and other records on file herein, and on such other and 8 further evidence as may be presented at the hearing of this motion. 9 10 Dated: 11
AND

April 14, 2008

MARISCAL, WEEKS, MCINTYRE & FRIEDLANDER, P.A.

12 13 14 By: 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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SULLIVAN, HILL, LEWIN, REZ & ENGEL A Professional Law Corporation /s/ Cynthia A. Fissel Cynthia A. Fissel Attorneys for Defendant CRISIS MANAGEMENT, LLC

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Case No. 08 CV 0529 WQH BLM