#Motion to dismiss for naming wrong party code
(See generally Complaint.) In accordance with Federal Rule of Civil Procedure 12(b) subsections (2), (3) and (7) as well as Title 28 of the United States Code section 1404(a), Defendant Robin Meissner (Meissner) hereby moves for the dismissal of this case against her as she is not the proper party and, more importantly, she is not subject to the personal jurisdiction of this Court or, in the alternative, that this case be transferred to the United States District Court for the District of Arizona, Phoenix Division, the proper judicial district.
#Motion to dismiss for naming wrong party license
and CoStar Group, Inc (collectively referred hereto as CoStar), corporations organized under the laws of Delaware with their principal place of business and corporate offices in Maryland, filed the instant Complaint in the United States District Court for the District of Maryland, alleging breach of contract, contributory and vicarious copyright infringement, and fraud by Robin Meissner (Meissner), an Arizona resident, on the purported basis that Meissner violated the terms of the License Agreement with CoStar. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MEISSNER'S MOTION TO DISMISS IMPROPER PARTY AND MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TO TRANSFER VENUE Plaintiffs CoStar Realty Information, Inc. DAVID ARFFA and ROBIN MEISSNER, Defendants.
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND COSTAR REALTY INFORMATION, INC. Highland Ave., Suite F104-472 Phoenix, Arizona 85016 Tel: (602) 751-0052 / Fax: (602) 445-4967 Email: (Attorney for Defendant Robin Meissner) (Honorable Deborah K. RESPECTFULLY submitted this 2nd day of December 2008. As explained therein, Meissner is an improper party over which this Court lacks personal jurisdiction thus, dismissal and/or removal of the matter is warranted. The alternative motions are supported by the simultaneously-filed Memorandum of Points and Authorities as well as the referenced appendices. MOTION TO DISMISS IMPROPER PARTY AND MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TO TRANSFER VENUE In accordance with Federal Rule of Civil Procedure 12(b) subsections (2), (3) and (7) as well as Title 28 of the United States Code section 1404(a), Defendant Robin Meissner (Meissner) hereby moves for the dismissal of this case against her as she is not the proper party and she is not subject to the personal jurisdiction of this Court or, alternatively, that this case be transferred to the United States District Court for the District of Arizona, Phoenix Division, the proper judicial district.
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