Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1 :07-cv—00371 -lV| PT Document 3 Filed 06/18/2007 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
"SYlQiQmCim——-—_i
Plaintiff,
v. Civil Action No. 1:07-cv-0037l
ALARM ONE, INC. AND PETER MALTBY, {
m__mm____ Defendant.
MOTION OF ALARM ONE, INC.
TO DISMISS F OR LACK OF PERSONAL JURISDICTION
_ Pursuant to Federal Rules of Civil Procedure l2(b)(2), the defendant, Alann One, lnc.
("Alarm One"), respectfully moves this Court to dismiss the Complaint ofthe plaintiff, Security
Networks, LLC ("Security Networks"), against Alarm One for lack of personal jurisdiction.
As grounds for this motion and as set forth more fully in the accompanying memorandum
of law and declaration of Douglas R. Schultz, Alarm One states that Security Networks has
asserted claims against it arising out of a contract that was between residents of California and
Florida for the sale of accounts in Illinois. Alarm One does not transact business in the Delaware
or engage in _a_r_iy other activities that would satisfy the requirements ofthe Delaware long-arm
statute. The claims have only the most glancing connection with Delaware — they happen to be
governed by Delaware law — and that incidental connection is plainly insufficient to allow this
Court constitutionally to exercise jurisdiction. Accordingly, Security Networks’ complaint must
be dismissed.
WI-IEREPORE, Alarm One respectfully requests that this Court grant its motion to
dismiss Security Networi
Case 1 :07-cv-00371-IVIPT Document 3 Filed 06/18/2007 Page 2 of 2
Dated: June 18, 2007 Respectfully submitted,
ALARM ONE, INC.
By its attorneys, Z
Michaei R. Lastowski (DE 3892)
DUANE Moams LLP
1100 North Market Street, Suite 1200
Wilmington, DE 19801
Telephone: (302) 657—4900
Facsimile: (302) 657-4901
E~mei1: [email protected]
Of cozmse/:
Edward J. Naughton (MA BBO #600059)
Geraldine Aine (MA BBO #665578)
Hor.LAt~zo & KNIGHT LLP
10 St. James Avenue
Boston, MA 021 16
Telephone: (617) 523-2700
E—mai1: edward.naughton@hl<1ew.com
gera1dine.aine@h1 2