Free Motion to Dismiss Case as Frivolous - District Court of Delaware - Delaware

Case 1:04-cv-00415-SLR

Document 70

Filed 01/19/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ERIC A. CHAMBERS, Plaintiff, v. JOHN DOES 1-7, DONALD J. BOWMAN, JR., CITY OF WILMINGTON DELAWARE, DELAWARE S.P.C.A., and SGT. ELLIOTT, Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-415(SLR)

DEFENDANT DELAWARE SPCA' S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6), OR IN THE ALTERNATIVE, ITS MOTION FOR SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 56 COME NOW, Defendant Delaware SPCA ("SPCA"), by and through the undersigned counsel, for the reasons more fully stated in the accompanying Memorandum of Points and Authorities in support of the SPCA's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), or in the Alternative, its Motion for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56, SPCA respectfully move this Honorable Court to issue an Order dismissing Plaintiff's Complaint on the following grounds: 1. 2. 3. The SPCA was not present when the dog died. The SPCA followed its policies and procedures. The plaintiff has not alleged sufficient facts to establish any cause of action

against the SPCA. Therefore, the Plaintiff fails to state a claim.

Case 1:04-cv-00415-SLR

Document 70

Filed 01/19/2006

Page 2 of 2

WHEREFORE, Defendant SPCA respectfully request this Honorable Court dismiss Plaintiff's Complaint with prejudice.

/S/ DONALD L. GOUGE, JR. DONALD L. GOUGE, JR. (#2234) 800 N. King Street, Suite 303 Wilmington, DE 19801 (302) 658-1800 Attorney for Delaware SPCA

Dated: January 19, 2006