Free Motion to Dismiss/Lack of Subject Jurisdiction - District Court of Delaware - Delaware

Case 1:07-cv-00262-GMS

Document 4

Filed 06/05/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM WERSINGER, Plaintiff, v. BANK OF AMERICA CORPORATION, Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 07-262-GMS

DEFENDANT'S MOTION TO DISMISS Defendant Bank of America Corporation, by and through its attorneys, moves pursuant to Federal Rules of Civil Procedure 12(b)(1) to dismiss the state law claims asserted in Plaintiff's Complaint for the reasons stated in its Opening Brief.1 YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Scott A. Holt Sheldon N. Sandler (I.D. No. 245) Scott A. Holt (I.D. No. 3399) Young Conaway Stargatt & Taylor, LLP The Brandywine Building, 17th Floor 1000 West Street Wilmington, DE 19801 Telephone: (302) 571-6673; (302) 571-6623 Facsimile: (302) 576-3330; (302) 576-3299 Email: [email protected];[email protected] Attorneys for Defendant DATED: June 5, 2007
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Defendant moves to dismiss Counts III and IV in their entirety. Although Defendant denies the allegations asserted in all counts, including Count I and II, it will reserve answering those counts until after resolution of this motion, so as to prevent "duplicative sets of pleadings" and to avoid "confusion over the proper scope of discovery during the motion's pendency." 5B Wright & Miller, Federal Practice and Procedure § 1346, at p. 45 (2004); Godleswki v. Affiliated Computer Servs., Inc., 210 F.R.D. 571, 572 (E.D. Va. 2002) (majority rule holds "that the filing of a motion that only addresses part of a complaint suspends the time to respond to the entire complaint, not just to the claims that are the subject of the motion."); Circuit City Stores, Inc. v. Citgo Petroleum Corp., 1994 WL 483463, *4 (E.D. Pa. 1994) (same).
061442.1002

DB02:6017155.1