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

Case 1:07-cv-00377-JJF

Document 17

Filed 05/28/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM BOYD, Plaintiff, v. TEMPAY, Defendant. : : : : : : : : : : : CIVIL ACTION NO. 07-377-JJF

DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM Defendant, TemPay, Inc., (denominated as Tempay in the Amended Complaint) by its undersigned attorneys, hereby moves, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss the Amended Complaint for failure to state a claim upon which relief may be granted. The grounds for and legal authorities in support of the motion are set forth in the accompanying brief. A proposed form of Order is also being submitted herewith. McCARTER & ENGLISH, LLP

/s/ Katharine L. Mayer Katharine L. Mayer (DE Bar ID #3758) Renaissance Centre 405 N. King Street, 8th Floor Wilmington, DE 19801 (302) 984-6300 (302) 984-6399 (fax) Attorneys for Defendant, TemPay, Inc. Dated: May 28, 2008

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Case 1:07-cv-00377-JJF

Document 17-2

Filed 05/28/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM BOYD, Plaintiff, v. TEMPAY, Defendant. : : : : : : : : : : : CIVIL ACTION NO. 07-377-JJF

[PROPOSED] ORDER This matter having come before the Court on Defendant's Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim, and the Court having considered the Motion, supporting papers, and any papers submitted in opposition thereto by Plaintiff, and for good cause shown, IT IS, this ___________ day of ________________________, 2008, hereby ordered as follows: 1. 2. Defendant's Motion is GRANTED. Plaintiff's Amended Complaint is DISMISSED, with prejudice.

BY THE COURT:

___________________________________ J.

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