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

Case 1:07-cv-00028-JJF-MPT

Document 8

Filed 04/16/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT FOR THE DISTRICT OF DELAWARE x-----------------------------x : : WEI TENG, : : Plaintiff, : : v. : : PAUL NOVAK, et al., : : : Defendants. : : x-----------------------------x

Civil Action No. 07-0028-***

MOTION OF DEFENDANTS TO DISMISS Pursuant to Federal Rule of Civil Procedure 12(b)(1), the Government respectfully moves to dismiss for want of subject matter jurisdiction, for the reasons set forth in the attached supporting legal memorandum. DATED: April 16, 2007. Respectfully Submitted, COLM F. CONNOLLY United States Attorney By: /s/ Seth M. Beausang Seth M. Beausang (I.D. No. 4071) Assistant United States Attorney The Nemours Building 1007 Orange Street, Suit 700 Wilmington, DE 19801 (302) 573-6277

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Case 1:07-cv-00028-JJF-MPT

Document 8

Filed 04/16/2007

Page 2 of 2

CERTIFICATE OF SERVICE I hereby certify this 16th day of April, 2007, that a copy of the foregoing Government's Motion to Dismiss, Memorandum in support therof, and Proposed Order was served by electronic filing on the following counsel of record for Plaintiff: Kevin Harrison Grubb Hogan & Vandenberg LLC 4 East 8th Street Towne Center Building Wilmington, DE 19801 (302) 225-2734

/s/ Seth M. Beausang Assistant United States Attorney

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Case 1:07-cv-00028-JJF-MPT

Document 8-2

Filed 04/16/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT FOR THE DISTRICT OF DELAWARE x-----------------------------x : : WEI TENG, : : Plaintiff, : : v. : : PAUL NOVAK, et al., : : : Defendants. : : x-----------------------------x

Civil Action No. 07-0028-***

O R D E R AND NOW, this day of , 2007,

the United States having filed a motion to dismiss, and the Court having considered the memoranda and other materials submitted in support thereof and in opposition thereto, and the Court having determined that it lacks subject matter jurisdiction, IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED. 2. This case is DISMISSED WITHOUT PREJUDICE.

_________________________________ UNITED STATES DISTRICT JUDGE

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