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

Case 1 :06-cv-00041-JJF Document 46 Filed 02/14/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AMAZON.COM, INC. and A9.COM, INC., )
)
Plaintiffs, )
) C.A. No. 06-O4l—JJF
“ i
CENDANT CORPORATION, TRILEGIANT )
CORPORATION, ORBITZ, LLC, ORBITZ, INC., )
BUDGET RENT A CAR SYSTEM, INC., )
and AVIS RENT A CAR SYSTEM, INC., )
)
Defendants. )
DEFENDANTS’ (1) MOTION TO DISMISS ALL CLAIMS AGAINST CENDANT
CORPORATION; (2) MOTION TO DISMISS THE COMPLAINT IN ITS ENTIRETY
FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, FOR A MORE
DEFINITE STATEMENT; AND (3) MOTION TO STAY ALL DISCOVERY PENDING
RESOLUTION OF THE MOTION
Pursuant to Fed. R. Civ. P. l2(b)(6) and Fed. R. Civ. P. l2(e), defendants Cendant
Corporation ("Cendant"); Trilegiant Corporation ("Trilegiant”); Orbitz, LLC ("Orbitz LLC");
Orbitz, Inc. ("Orbitz Inc."); Budget Rent A Car System, Inc. ("Budget"); and Avis Rent A Car
System, Inc. ("Avis") (collectively, "Defendants") hereby move (1) to dismiss all claims against
Cendant (the parent corporation); (2) to dismiss the complaint in its entirety against all
Defendants for failure to state a claim pursuant to Federal Rule of Civil Procedure l2(b)(6) or, in
the altemative, for a more definite statement of the claims pursuant to Federal Rule of Civil
Procedure l2(e); and (3) to stay all discovery pending resolution of the motion}
The grounds for this motion are set forth in Defendants’ opening brief filed concurrently
herewith.
‘ As a result of the recently-anrrounced reorganization of Cendant and its subsidiaries, the names
and capacities of the Defendants (and hence the case caption) may need to be changed. For ease
of reference, however, Defendants submit this motion bearing the same case caption (and using
the same nomenclature) as used in the Western District of Washington until an appropriate
stipulation and order is entered.

Case 1 :06-cv-00041-JJF Document 46 Filed 02/14/2006 Page 2 of 3
ASHBY & GEDDES
/s/ J0hn G. Day
Steven J. Balick (l.D. #2114)
John G. Day (l.D.# 2403)
Tiffany Geyer Lydon (l.D. #4261)
222 Delaware Ave., 17th Floor
P.O. Box 1 150
Wilmington, DE 19899
Telephone: (302) 654-1888
Facsimile: (302) 654-2067
sba1.icl jdavgézlasliby—geddes.com
tlydorigcaasliby-gs geddescom
Attarneysfor Defendants
Of Counsel:
Douglas E. Olson
Stephen S. Korniczky
James V. Fazio, HI
PAUL HASTINGS JANOFSKY & WALKER LLP
3579 Valley Centre Drive
San Diego, Califomia 92130
(858) 720-2500
Dated: February 14, 2006
166666.1

Case 1:06-cv-00041-JJF Document 46 Filed O2/14/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on the 14th day of February, 2006, the attached DEFENDANTS’ (1)
MOTION TO DISMISS ALL CLAIMS AGAINST CENDANT CORPORATION; (2)
MOTION TO DISMISS THE COMPLAINT IN ITS ENTIRETY FOR FAILURE TO
STATE A CLAIM OR, IN THE ALTERNATIVE, FOR A MORE DEFINITE
STATEMENT; AND (3) MOTION TO STAY ALL DISCOVERY PENDING
RESOLUTION OF THE MOTION was served upon the below-named counsel of record at the
address and in the manner indicated:
John W. Shaw, Esquire HAND DELIVERY
Young Conaway Stargatt & Taylor
The Brandywine Building
1000 West Street, l'/th Floor
Wilmington, DE 19801
Lynn H. Pasahow, Esquire VIA FEDERAL EXPRESS
Fenwick & West, LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
/s/ John G. Day
Jolm G. Day

Case 1 :06-cv-00041-JJF Document 46-2 Filed 02/14/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Al\/lAZON.COM, INC. and A9.COM, INC., )
)
Plaintiffs, )
) C.A. No. 06-041-JJF
vi. )
)
CENDANT CORPORATION, TRILEGLANT )
CORPORATION, ORBITZ, LLC, ORBITZ, INC., )
BUDGET RENT A CAR SYSTEM, INC., )
and AVIS RENT A CAR SYSTEM, INC., )
)
Defendants. )
ORDER GRANTING DEFENDANTS’ (1) MOTION TO DISMISS ALL CLAIMS
AGAINST CENDAN T CORPORATION; (2) MOTION TO DISIVIISS THE COMPLAINT
IN ITS ENTIRETY FOR FAILURE TO STATE A CLAIM OR, IN THE
ALTERNATIVE, FOR A MORE DEFINITE STATEMENT; AND (3) MOTION TO
STAY ALL DISCOVERY PENDING RESOLUTION OF THE MOTION
This day of , 2006, the Court having having read and considered the
parties’ briefs, declarations, exhibits and other evidence submitted in connection with
Defendants’ motion, and good cause appearing therefor:
IT IS HEREBY ORDERED that Defendants’ motion is GRANTED.
1. All claims against Cendant Corporation are hereby dismissed with prejudice.
2. The complaint is hereby dismissed in its entirety for failure to state a claim
pursuant to Federal Rule of Civil Procedure l2(b)(6). In the alternative, the complaint is hereby
dismissed with leave to amend under Federal Rule of Civil Procedure 12(e), and Plaintiffs are
hereby ordered to provide a more definite statement of their claims.
3. Defendants’ motion to stay all discovery pending resolution of Defendants’
motion is hereby granted.
United States District Judge