Free Motion to Dismiss for Failure to State a Claim - District Court of Delaware - Delaware

Case 1 :08-cv—00295-GIVIS Document 23 Filed 07/14/2008 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NINA SHAHIN, :
Plaintiff, :
v. Civil Action No. 08-295-GMS
YOUNG CONAWAY STARGATT
AND TAYLOR, LLP, et al., :
Defendants. :
MOTION TO DISMISS
Defendant Young Conaway Stargatt & Taylor, LLP hereby ("Young Conaway")
moves pursuant to Fed. R. Civ. l2(b)(6) for an order dismissing plaintiff" s complaint against it.
‘ The grounds for this motion, set forth in more detail in defendant’s opening brief, are that:
1. Plaintiff has failed to allege the essential elements of any of the causes of
action she asserts:
(a) Her Racketeer Influenced and Corrupt Organizations Act claim is
deficient because she did not allege two predicate acts of racketeering activity.
(b) Her obstruction of justice claim is deficient because she did not
allege conduct prescribed by any of the statues on which she relies.
(c) Her civil rights claim is deficient because the civil rights statutes
on which she relies do not create a private right of action. In addition, accepting the allegations
of the complaint as true for the purposes of this motion, Young Conaway was not acting under
color of state law. I
2. Plaintiff" s claims based on alleged violations of Delaware Superior Court
rules are deficient because violation of a rule of procedure does not create a cause of action.
, DB02:6979447.l A 067524.100l

Case 1 :08-cv—00295-GIVIS Document 23 Filed 07/14/2008 Page 2 of 3
3. Plaintiff is collaterally estopped by an adverse Delaware Supreme Court
ruling hom proving the central element of her claim against Young Conaway.
4. Plaintiff s complaint consists of conclusory statements and speculative
factual allegations.
YoUNo CoNAwAv STARGATT & TAvLoR, LLP
Qjmf ,2// Wca/Z,
Richard H. Morse, (I. D.# 531)
The Brandywine Building
1000 West Street, 17th Floor
P.O. Box 391
Wilmington, Delaware 19899-0391
Telephone: (302) 571-6651
Facsimile: (302) 576-3319
Email: rmorse@,ycst.com
Attorneys for Defendant
Dated: July 14, 2008
DB02:6979447.l 0675241001

Case 1 :08-cv—00295-GIVIS Document 23 Filed 07/14/2008 Page 3 of 3
CERTIFICATE OF SERVICE
I, Richard H. Morse, hereby certify that on July 14, 2008, I caused to be
electronically filed a true and correct copy of the foregoing document with the Clerk of the Court
using CM/ECF, which will send notification to all counsel of record that such filing is available
for viewing and downloading.
I further certify that on July 14, 2008, I caused a copy of the foregoing document
to be served by first class mail on the following:
Ms. Nina Shahin
103 Shimrecock Road
Dover, DE 19904 `
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Richard H. Morse (I.D. No. 531)
17th Floor, Brandywine Building
1000 West Street
P.O. Box 391
Wilmington, Delaware 19899-0391
(302) 571-6651
1mo1·[email protected]
¤B02;69794s4.1 0675241001

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