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

Case 1:04-cv-01385-GMS

Document 26

Filed 05/03/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JACK WILLIAM WOLF, Plaintiff, v. THOMAS CARROLL, DCC MEDICAL DEPARTMENT, C/O PUSEY, C/O CARTER and LT. SEACORD, Defendants. : : : : : : : : : : :

C.A. No. 04-1385-GMS JURY TRIAL DEMANDED

MOTION OF DEFENDANT, CORRECTIONAL MEDICAL SERVICES, INC., TO DISMISS PLAINTIFF'S COMPLAINT1 COMES NOW Correctional Medical Services ("CMS"), by and through its undersigned counsel, and respectfully moves this Honorable Court to enter an Order pursuant to Federal Rules of Civil Procedure 12 (b)(1) and 12(b)(6) dismissing Plaintiff's Complaint for failure to state a claim upon which relief can be granted. In support of this Motion, CMS offers the Memorandum of Points and Authoritites filed simultaneously herewith. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: /s/ Kevin J. Connors Kevin J. Connors, Esquire #2135 1220 North Market Street, 5th Fl. P.O. Box 8888 Wilmington, DE 19899-8888 Attorney for Defendant

DATED: May 3, 2006

Correctional Medical Services, Inc. waives its right to file an Opening Brief and submits this Motion in lieu thereof pursuant to Local Rule 7.1.2. However, Correctional Medical Services, Inc. reserves the right to file a Reply Brief.

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