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

Case 1:07-cv-00213-MPT

Document 9

Filed 07/02/2007

Page 1 of 2

IN THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) C.A. No.: 07-213 *** ) ) JURY TRIAL DEMANDED ) ) ) ) ) ) )

Phyllis H. Witcher, Plaintiff, v. Murray H. Witcher, Jr., Defendant

DEFENDANT'S MOTION TO DISMISS THE COMPLAINT Defendant, Murray H. Witcher, Jr., by and through the undersigned attorney, hereby moves, pursuant to Federal Rule of Procedure 12(b)(1), to dismiss the Complaint filed against him by Phyllis H. Witcher for the reasons stated in the accompanying Opening Brief. WHEREFORE, based on the reasons set forth in his Opening Brief, Defendant respectfully requests this Court to issue an Order dismissing the Complaint and for such other relief as is just and proper. Dated: July 2, 2007 FERRY, JOSEPH & PEARCE, P.A.

/s/ Lisa L. Coggins Jason C. Powell, Esquire (No. 3768) Lisa L. Coggins, Esquire (No. 4234) 824 Market Street, Suite 904 P.O. Box 1351 Wilmington, DE 19899 Tel: (302) 575-1555 Attorneys for Defendant

Case 1:07-cv-00213-MPT

Document 9

Filed 07/02/2007

Page 2 of 2

CERTIFICATE OF SERVICE The undersigned hereby certifies that on July 2 , 2007, one copy of the foregoing Defendant's Motion to Dismiss the Complaint was served upon the following party by first class mail:

Phyllis H. Witcher 2304 Riddle Avenue C2 Wilmington, DE 19806

/s/ Lisa L. Coggins Lisa L. Coggins, Esquire (No. 4234)

Case 1:07-cv-00213-MPT

Document 9-2

Filed 07/02/2007

Page 1 of 1

IN THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) C.A. No.: 07-213 *** ) ) JURY TRIAL DEMANDED ) ) ) ) ) ) )

Phyllis H. Witcher, Plaintiff, v. Murray H. Witcher, Jr., Defendant

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS Upon consideration of the Defendant's motion dismiss the complaint and the briefs, and arguments in conjunction with the motion, and finding good cause for the entry of an Order in favor of the Defendant, IT IS HEREBY ORDERED this _________ day of __________ 2007, that the complaint filed against Defendant, Murray H. Witcher, Jr., is dismissed.

J.