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

Case 1 :07-cv—00543-JJF Document 7 Filed 12/21 /2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
STATE FARM MUTUAL AUTOMOBILE ) `
INSURANCE COMPANY as subrogee )
of Cynthia Thomas), )
Plaintifi j
P v. j Civil Action No. 07-543-** *
UNITED STATES OF AMERICA, j
- Defendant. . j
MOTION TO DISMISS OR, IN THE ALTERNATIVE,
FOR SUMMARY JUDGMENT
Comes now the United States and moves the Court to dismiss the Complaint in the
captioned matter or, in the alternative, to grant summary judgment in its favor and, in support
thereof] avers as follows:
1. The Court lacks subject matter jurisdiction over the matter, so the Complaint should
be dismissed pursuant to Rule 12(b)(l) of the Federal Rules of Civil Procedure.
2. The Complaint fails to state a claim upon which relief can be granted, so it should be _-
dismissed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. g
3. In the alternative, if the Court considers the attachment to the Opening Brief
submitted in support of this motion, summary judgment in favor of the United States is
appropriate, pursuant to Federal Rule of Civil Procedure 5 6.

A Case 1:07-cv—00543-JJF Document 7 Filed 12/21/2007 Page 2 of 2
COLM F. CONNOLLY
United States Attorney
/s/ Patricia C. Hannigan
BY:
Patricia C. Hannigan
Assistant United States Attorney
Delaware Bar I.D. No. 2145
The Nemours Building, Suite 700
1007 Orange Street, PO Box 2046
Wilmington, DE 19899-2046
(302) 573-6277
Patricia.Ham1igan{@,usdo`| .gov
December 21, 2007

Case 1:07-cv-00543-JJF

Document 7

Filed 12/21/2007

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Case 1:07-cv-00543-JJF

Document 7

Filed 12/21/2007

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