Free Motion to Dismiss - District Court of Connecticut - Connecticut

Case 3:03-cv-00974-CFD

Document 21

Filed 11/21/2003

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : : : : : : : :

THE AMERICAN BOARD OF ANESTHESIOLOGY, INC. Plaintiff v. JOHN STEPHEN NAULTY, M.D. Defendant

Civil Action No. 303CV974(CFD)

November 21, 2003

DEFENDANT'S MOTION TO DISMISS Defendant, John Stephen Naulty, M.D., hereby moves pursuant to FED. R. CIV. P. 12(b)(1) to dismiss Plaintiff's Complaint for lack of subject matter jurisdiction, because Plaintiff's claims are moot as the alleged infringing conduct has ceased and is not reasonably likely to reoccur. Plaintiff also moves pursuant to FED. R. CIV. P. 12(b)(6) to dismiss Plaintiff's Complaint on the grounds that Plaintiff's Complaint fails to allege any cause of action under the Lanham Act, 15 U.S.C. §§ 1125(a) and (c). In support of his motion, Defendant submits a Memorandum of Law and an affidavit. Respectfully submitted, DEFENDANT, JOHN STEPHEN NAULTY, M.D. By: /s/ Carolyn W. Kone Carolyn W. Kone (ct06207) BRENNER, SALTZMAN & WALLMAN LLP 271 Whitney Avenue New Haven, CT 06511 Tel. (203) 772-2600 ORAL ARGUMENT IS REQUESTED

771024.DOC

Case 3:03-cv-00974-CFD

Document 21

Filed 11/21/2003

Page 2 of 2

CERTIFICATE OF SERVICE This is to certify that a true and accurate copy of the foregoing was served by United States first-class mail, postage prepaid, this 21st day of November, 2003, upon: Charles L. Howard, Esq. Karen T. Staib, Esq. Shipman & Goodwin LLP One American Row Hartford, CT 06103

/s/ Carolyn W. Kone Carolyn W. Kone, Esq.

771024.DOC