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

Case 1:05-cv-00916-TNO

Document 26

Filed 03/24/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) v. ) ) ) THOMAS P. GORDON, individually; ) SHERRY FREEBERY, individually; CHRISTOPHER A. COONS, in his official ) capacity as County Executive; DAVID W. ) ) SINGLETON, in his official capacity as ) Chief Administrative Officer; and NEW ) CASTLE COUNTY, ) Defendants. ) THOMAS S. NEUBERGER,

C.A. No. 05-916-TNO

DEFENDANTS COONS, SINGLETON AND NEW CASTLE COUNTY'S MOTION TO DISMISS Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure Defendants Christopher A. Coons, David W. Singleton, and New Castle County move to dismiss Plaintiff's Complaint in its entirety. The reasons for this request are set forth more fully in Defendants' Opening Brief in Support of Their Motion to Dismiss, filed contemporaneously with this Motion. Respectfully submitted, /s/ Barry Willoughby Barry M. Willoughby, Esquire (No. 1016) Margaret M. DiBianca, Esquire (No. 4539) YOUNG CONAWAY STARGATT & TAYLOR, LLP The Brandywine Building, 17th Floor 1000 West Street Wilmington, Delaware 19801 Telephone: (302) 571-6666; 5008 Facsimile: (302) 576-3345; 3476 E-mail: [email protected]; [email protected] Attorneys for Defendants New Castle County and Christopher A. Coons and David W. Singleton, in their official capacities Dated: March 24, 2008
DB02:6466548.7 045581.1053