Free Motion to Dismiss/Lack of Subject Jurisdiction - District Court of Delaware - Delaware

Case 1:08-cv-00377-GMS

Document 10

Filed 07/28/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE HUNTLEY L.L.C., Plaintiff, v. MONTEREY MUSHROOMS INC., Defendant. ) ) ) ) ) ) ) ) ) )

C.A. No. 08-377 (GMS)

DEFENDANT MONTEREY MUSHROOMS' RULE 12(b)(1) MOTION TO DISMISS WITH PREJUDICE FOR LACK OF STANDING AND SUBJECT MATTER JURISDICTION Defendant Monterey Mushrooms, Inc. respectfully moves this Court to dismiss with prejudice Plaintiff Huntley L.L.C.'s Complaint, pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of standing and subject matter jurisdiction. The grounds for this motion are fully set forth in Defendant Monterey Mushrooms' Opening Brief in Support of Its Rule 12(b)(1) Motion to Dismiss With Prejudice for Lack of Standing and Subject Matter Jurisdiction, filed contemporaneously herewith. WHEREFORE, Defendant Monterey Mushrooms, Inc. respectfully requests this Court to grant its motion and to enter an order in the form attached hereto.

Case 1:08-cv-00377-GMS

Document 10

Filed 07/28/2008

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MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Thomas C. Grimm
OF COUNSEL: Ricardo Rodriguez Reuben Chen COOLEY GODWARD KRONISH LLP Five Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306-2155 (650) 843-5000 July 28, 2008
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___________________________________ Thomas C. Grimm (#1098) Benjamin J. Schladweiler (#4601) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 [email protected] Attorneys for Defendant Monterey Mushrooms Inc.

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Case 1:08-cv-00377-GMS

Document 10

Filed 07/28/2008

Page 3 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE HUNTLEY L.L.C., Plaintiff, v. MONTEREY MUSHROOMS INC., Defendant. ) ) ) ) ) ) ) ) ) )

C.A. No. 08-377 (GMS)

[PROPOSED] ORDER The Court having considered Defendant Monterey Mushrooms' Rule 12(b)(1) Motion to Dismiss With Prejudice for Lack of Standing and Subject Matter Jurisdiction, and the parties' arguments in support of and opposition to the motion, IT IS HEREBY ORDERED that Defendant Monterey Mushrooms' Rule 12(b)(1) Motion to Dismiss With Prejudice for Lack of Standing and Subject Matter Jurisdiction is GRANTED.

Dated: _______________
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___________________________________ United States District Judge

Case 1:08-cv-00377-GMS

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Filed 07/28/2008

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CERTIFICATE OF SERVICE I hereby certify that on July 28, 2008, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF which will send notification of such filing to all registered participants. I also certify that on July 28, 2008, true and correct copies of the foregoing were caused to be served upon the following individuals in the manner indicated: BY E-MAIL & HAND-DELIVERY Donald W. Huntley HUNTLEY & ASSOCIATES 1105 North Market Street Wilmington, DE 19899-0948

/s/ Thomas C. Grimm
Thomas C. Grimm (#1098) [email protected]
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