Free Notice (Other) - District Court of California - California

Case 3:08-cv-03944-MMC

Document 9

Filed 08/25/2008

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A limited liability partnership formed in the State of Delaware

Lisa M. Carvalho (SBN 161420) Email: [email protected] Daniel J. Valim (SBN 233061) Email: [email protected] REED SMITH LLP 1999 Harrison Street, Suite 2400 Oakland, CA 94612-3572 Mailing Address: P.O. Box 2084 Oakland, CA 94604-2084 Telephone: Facsimile: +1 510 763 2000 +1 510 273 8832

Attorneys for Defendant Schering-Plough Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SHELLEY BLAM, Plaintiff, vs. SCHERING-PLOUGH CORPORATION, DOES 1 TO 10, Defendants. No.: C 08-03944 MMC NOTICE OF MOTION AND MOTION TO DISMISS [F.R.C.P. RULE 12(B)(6)] Date: Time: Place: October 3, 2008 9:00 a.m. Courtroom 7

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REED SMITH LLP

Hon. Maxine M. Chesney

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on October 3, 2008 at 9:00 a.m., or as soon thereafter as counsel may be heard, before the Honorable Maxine M. Chesney, United States District Judge, in Courtroom 7 of the above-entitled Court, Defendant Schering-Plough Corporation ("Defendant") will and hereby does move to dismiss the action pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6) because plaintiff's complaint fails to state a claim upon which relief can be granted, on the ­1­
Notice Of Motion And Motion To Dismiss No. 08-03944 MMC
DOCSOAK-9916652.1-DVALIM

Case 3:08-cv-03944-MMC

Document 9

Filed 08/25/2008

Page 2 of 2

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A limited liability partnership formed in the State of Delaware

grounds that: (1) all of plaintiff's claims are preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"); and (2) under ERISA, defendant is not a proper party to plaintiff's action. The Motion will be based on this Notice of Motion, the accompanying Memorandum of Points and Authorities, and the Declaration of Vincent Sweeney, as well as the papers, pleadings and other documents on file in this action, and such other and further oral or documentary evidence as may be presented at or before the hearing.

DATED: August, 25, 2008. REED SMITH LLP

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REED SMITH LLP

By /s/ Daniel J. Valm Lisa M. Carvalho Daniel J. Valim Attorneys for Defendants Schering-Plough Corporation

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Notice Of Motion And Motion To Dismiss No. 08-03944 MMC

DOCSOAK-9916652.1-DVALIM