Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-05642-BZ

Document 15

Filed 01/18/2008

Page 1 of 2

1 2 3 4 5 6 7 8

DION N. COMINOS (SBN: 136522) [email protected] CATHERINE A. SALAH (SBN: 154524) [email protected] GORDON & REES LLP Embarcadero Center West 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 986-5900 Facsimile: (415) 986-8054 Attorneys for Defendant COMPASS VISION, INC. UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA 10 11
Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

12 13

JOANNE ELIZABETH CLEVELAND, CYNTHIA DANIELS, LAURA FUJISAWA, CAROLINE HOWE and TRACEY MOORE, Plaintiff,

CASE NO. CV 07-05642 EDL COMPASS VISION, INC.'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED [Fed. R Civ. P. 12(b)(6)] / Accompanying Papers: Memorandum of Points & Authorities; Request for Judicial Notice; and [Proposed] Order Date: Time: Crtrm: Judge: February 26, 2008 9:00 a.m. E Hon. Elizabeth D. Laporte

14 vs. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPASS VISION, INC.; NATIONAL MEDICAL SERVICES, INC., d/b/a NMS LABS, and DOES ONE THROUGH TWENTY, Defendants.

Complaint Filed: November 6, 2007

TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on February 26, 2008 at 9:00 a.m. or as soon thereafter as the matter may be heard in the above-entitled court, Courtroom E, located at 450 Golden Gate Avenue, San Francisco, California, Defendant Compass Vision, Inc. ("Compass Vision") will move the Court to dismiss Plaintiffs' Joanne Elizabeth Cleveland, Cynthia Daniels, Laura -1COMPASS VISION'S NOTICE OF MOTION AND MOTION TO DISMISS CASE NO. CV 07-05642 EDL

CMPVS/1046170/5311878v.1

Case 3:07-cv-05642-BZ

Document 15

Filed 01/18/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

Fujisawa, Caroline Howe and Tracey Moore's Amended Complaint, with prejudice, pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6) on the grounds that Plaintiffs' Amended Complaint fails to state a claim upon which relief can be granted. This motion will be based on this Notice of Motion and Motion, the Memorandum of Points and Authorities filed herewith, the Request for Judicial Notice, the Opinion issued by the Hon. Dennis M. Cavanaugh in the action entitled Lorie Garlick, et al. v. Quest Diagnostics, Inc., et al.., civil Action No. 06-cv-6244, pending in the United States District Court for the District of New Jersey, the pleadings and papers filed herein, and upon such other oral and documentary evidence as may be presented at the hearing of this motion. PLEASE TAKE FURTHER NOTICE that Compass Vision requests oral argument; and PLEASE TAKE FURTHER NOTICE that at the time and place aforesaid, Compass Vision will request that the proposed form of Order submitted herewith be entered by the Court.

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: January 17, 2008

GORDON & REES LLP /s/ Catherine A. Salah By: DION N. COMINOS CATHERINE A. SALAH Attorneys for Defendant COMPASS VISION, INC.

-2COMPASS VISION'S NOTICE OF MOTION AND MOTION TO DISMISS CASE NO. CV 07-05642 EDL