Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1:04-cv-01416-JJF

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Filed 05/03/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA for the Use and Benefit of JERSEY SHORE AUTOMATION, INC. Plaintiff, vs. CHUGACH SUPPORT SERVICES, INC., et al. Defendants

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C. A. No. 04-1416 (JJF)

MOTION OF DEFENDANTS CHUGACH SUPPORT SERVICES, INC. AND SAFECO INSURANCE COMPANY OF AMERICA TO DISMISS IN PART, OR IN THE ALTERNATIVE FOR PARTIAL SUMMARY JUDGMENT Pursuant to Federal Rule of Civil Procedure 12(b)(6), or in the alternative Federal Rule of Civil Procedure 56, and Local Rules 7.1.2 and 7.1.3, Defendants Chugach Support Services, Inc. and Safeco Insurance Company of America, by undersigned counsel, respectfully move to dismiss the Complaint, or in the alternative for partial summary judgment on the Complaint, dismissing Plaintiff's claims arising out of and with respect to (i) Chugach's alleged mistakes in calculating, and incorrect calculations of, wage rates and (ii) Chugach's allegedly failing to process invoices in a timely fashion and failing to issue change orders, on the grounds that such allegations fail to state a claim upon which relief can be granted or, in the alternative, there are no genuine disputes of material fact and Defendants are entitled to judgment as a matter of law with respect to such claims.

Case 1:04-cv-01416-JJF

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Filed 05/03/2005

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Pursuant to Local Rule 7.1.2, the grounds for this motion are more fully set forth in the accompanying Brief of Defendants Chugach Support Services, Inc. and Safeco Insurance Company of America to Dismiss in Part, or in the Alternative for Partial Summary Judgment.

Dated: May 3, 2005 Wilmington, Delaware

THE LYONS LAW FIRM

_/s/ Edmund Daniel Lyons_____ Edmund Daniel Lyons (No. 0881) 1526 Gilpin Avenue P.O. Box 579 Wilmington, DE 19806 Phone (302) 777-5698 Fax (302) 777-5051 Email: [email protected] -andBIRCH, HORTON, BITTNER AND CHEROT

_/s/ Harvey A. Levin_______ Harvey A. Levin 1155 Connecticut Avenue, N.W., Suite 1200 Washington, DC 20036 Phone (202) 659-5800 Fax (202) 659-1027 Email: [email protected]

Counsel for Chugach Support Services, Inc. and Safeco Insurance Company of America

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Case 1:04-cv-01416-JJF

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Filed 05/03/2005

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Motion and accompanying Brief were served by first class mail, postage prepaid this 3d day of May 2005 on:

James D. Heisman, Esquire M. Edward Danberg, Esquire Connolly Bove Lodge & Hutz LLP The Nemours Building 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899

_/s/ Harvey A. Levin____

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