Free Motion to Dismiss - District Court of California - California

Case 4:07-cv-04162-CW

Document 24

Filed 09/19/2007

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ATTORNEYS AT LAW SAN FRANCISCO

LATHAM & WATKINS LLP Peter A. Wald (Bar No. 85705) [email protected] Darius Ogloza (Bar No. 176983) [email protected] Sarah M. Ray (Bar No. 229670) [email protected] Jonathan F. Beardsley (Bar No. 240994) [email protected] 505 Montgomery Street, Suite 2000 San Francisco, California 94111-2562 Telephone: +415.391.0600 Facsimile: +415.395.8095 Attorneys for Defendant EQUITY TRUST (JERSEY) LIMITED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

OLIVER HILSENRATH, Plaintiff, v. EQUITY TRUST (JERSEY) LIMITED, CANDOVER INVESTMENTS PLC, AND DOES 1-10, Defendants.

CASE NO. C-07-4162 CW DEFENDANT EQUITY TRUST (JERSEY) LIMITED'S AMENDED NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT FOR IMPROPER VENUE, LACK OF PERSONAL JURISDICTION, INSUFFICIENCY OF SERVICE OF PROCESS, AND FORUM NON CONVENIENS Date: Time: Place: Judge: November 1, 2007 2:00 p.m. Courtroom 2 Honorable Claudia Wilken

Complaint Filed: August 14, 2007

Case Number: C-07-4162 CW DEFENDANT'S AMENDED MOTION TO DISMISS COMPLAINT FOR IMPROPER VENUE, LACK OF

PERSONAL JURISDICTION, INSUFFICIENCY OF SERVICE OF PROCESS, AND FORUM NON CONVENIENS

Case 4:07-cv-04162-CW

Document 24

Filed 09/19/2007

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ATTORNEYS AT LAW SAN FRANCISCO

NOTICE OF MOTION AND MOTION TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that defendant Equity Trust (Jersey) Limited ("ETJL"), hereby moves this Court, pursuant to Federal Rule of Civil Procedure ("FRCP") 12(b)(3), to dismiss the complaint on the basis that venue in this court is improper under forum selection clauses set forth in the management agreement and settlement agreement that govern relations between ETJL and plaintiff and are applicable to this case. In the alternative, ETJL moves, pursuant to FCRP 12(b)(2) and 12(b)(4), to dismiss the complaint on the related bases that this Court lacks personal jurisdiction over ETJL and insufficiency of service of process. As a second alternative, this Court should dismiss the complaint under the forum non conveniens doctrine. These alternative motions are set to be heard on November 1, 2007 at 2:00 p.m., or as soon thereafter as they may be heard, before the Honorable Claudia Wilken in Courtroom 2 of the above-named Court at 1301 Clay Street, Oakland, California. RELIEF REQUESTED ETJL seeks an Order dismissing the complaint because venue is improper under forum selection clauses applicable to this case. Alternatively, ETJL seeks dismissal for lack of personal jurisdiction/insufficiency of process and for forum non conveniens.

Dated: September 19, 2007 Respectfully Submitted, LATHAM & WATKINS LLP By __/s/ Jonathan Beardsley___________ ATTORNEYS FOR EQUITY TRUST (JERSEY) LIMITED

Case Number: C-07-4162 CW DEFENDANT'S AMENDED MOTION TO DISMISS COMPLAINT FOR IMPROPER VENUE, LACK OF

PERSONAL JURISDICTION, INSUFFICIENCY OF SERVICE OF PROCESS, AND FORUM NON CONVENIENS