If the ruling is on some incidental question . Special appearance was a term of art. A motion to dismiss is a device that allows a defendant to attempt to dispose of a plaintiff's claims before actually filing an answer to the plaintiff's complaint. Federal Rule 12(b) has abolished the special appearance: No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.. Dec. 1, 2009. . This cookie is set by GDPR Cookie Consent plugin. Sally filed a complaint against George and process was served on Day 1. Sally commenced an action alleging that George had defamed her by telling third persons that she is a drug addict. That motion was granted. This required consolidation of defenses and objections in a Rule 12 motion is salutary in that it works against piecemeal consideration of a case. The Committee emphasizes particularly the fact that the summary judgment rule does not permit a case to be disposed of by judgment on the merits on affidavits, which disclose a conflict on a material issue of fact, and unless this practice is tied to the summary judgment rule, the extent to which a court, on the introduction of such extraneous matter, may resolve questions of fact on conflicting proof would be left uncertain. plaintiff bears the burden of establishing the validity of service as governed by Rule 4. You are now ready for additional work in applying Rule 12 in CALI CIV 09: Waiver Under Rule 12. This of course follows from the fact that jurisdiction over the subject matter is granted by constitution and statutes, not by action of the parties. Dec. 1, 2007; Mar. If it's granted, the case can be dismissed "without prejudice" or "with prejudice." R. Civ. P. 43(c), the trial court could base factual findings on affidavits submitted by the parties, but would have the discretion to hear oral testimony or require depositions. (Return to text), [iii] While the rule refers to lack of jurisdiction over the person, this is understood to include all bases of personal jurisdiction, including in personam, in rem, and quasi in rem jurisdiction. Rule 12(e) as originally drawn has been the subject of more judicial rulings than any other part of the rules, and has been much criticized by commentators, judges and members of the bar. A party waives any defense listed in Rule 12(b)(2)-(5) by: (ii)include it in a responsive pleading or in an amendment allowed by rule 15(a)(1) as a matter of course. 2. (b) How to Present Defenses. 12(b)(5)]. P. 12(b). This cookie is set by GDPR Cookie Consent plugin. On December 11, 2020, we granted Defendants' motion to dismiss. The SlideShare family just got bigger. 1948); Johnson v. Joseph Schlitz Brewing Co., 33 F.Supp. 2, 1987, eff. hb```f``Rg`202 P ]}S284h4-bO`Jec 'urO*30=5Y4]\S=Ib@ G6ta !aiU `&]j!$hpf. Subdivision (a) is divided into paragraphs for greater clarity, and paragraph (1)(B) is added to reflect amendments to Rule 4. 936. Q7. Sometimes a plaintiff may attempt to serve a defendant with process while also sending the defendant a request for waiver of service; if the defendant executes the waiver of service within the time specified and before being served with process, it should have the longer time to respond afforded by waiving service. P. 7(a)], and 20 days have not passed since the answer was served [see Rule 15(a)(1)(B)]. For the reasons discussed below, the Court will quash Plaintiff's service on the Defendant, deny Defendant's Motion to Dismiss for lack of service of process, deny as moot Defendants' Motion to Dismiss for failure to state a claim upon which relief can be granted, and direct that the P. 12(b)(2)],[iii] . 230; Kellogg Co. v. National Biscuit Co. (D.N.J. 440; United States v. Turner Milk Co. (N.D.Ill. Over 97% of federal lawsuits are dismissed, most of which are due to settlements. 12e.244, Case 10 (The courts have never favored that portion of the rules which undertook to justify a motion of this kind for the purpose of aiding counsel in preparing his case for trial.). endstream endobj 80 0 obj <> endobj 81 0 obj <> endobj 82 0 obj <>stream 568; United States v. Palmer (S.D.N.Y. [Fed. Subdivision (b). endstream endobj startxref Court samples are copies of actual pleadings or documents filed in a Court proceeding or land records file. The failure to do so can have a negative impact on your case. 12e.244, Case 7; Fleming v. Mason & Dixon Lines, Inc. (E.D.Tenn. R. Civ. 87 0 obj <>/Filter/FlateDecode/ID[]/Index[79 18]/Info 78 0 R/Length 66/Prev 176505/Root 80 0 R/Size 97/Type/XRef/W[1 3 1]>>stream (ECF No. R. Civ. Motion to Dismiss for Insufficient Process and Service of Process Defendants move to dismiss arguing Plaintiff has not properly served the Defendants, as Plaintiff has not served the U.S. Attorney's Office or the Attorney General. And it has been urged from the bench that the phrase be stricken. (1937) Rules 109111. The addition of the phrase relating to indispensable parties is one of necessity. 296; Eastman Kodak Co. v. McAuley (S.D.N.Y. 8a.25, Case 4; Bowles v. Lawrence (D.Mass. hb```aB ?60$64> %%pK\B33*3p1~-sEc\{]`s O 275; Braden v. Callaway (E.D.Tenn. The change here was made necessary because of the addition of defense (7) in subdivision (b). On Day 4, prior to his answer, George filed a motion raising the defenses of lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient service of process, and failure to state a claim upon which relief can be granted. They are presented for illustration purposes only. Brockmeyer v. May, 383 F.3d 798, 801 (9th Cir. To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds: (Here state reasons, such as, (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the State of Minnesota; (b) that the defendant has not been properly served with . An action against a former officer or employee of the United States is covered by subparagraph (3)(B) in the same way as an action against a present officer or employee. The judge will then review each side's motion, and give the court's decision at a predetermined hearing date. 1469, and 1512 of International Longshoremen's Association v. Southern Pacific Co. (C.C.A.5th, 1942) 131 F.(2d) 605; Lucking v. Delano (C.C.A.6th, 1942) 129 F.(2d) 283; San Francisco Lodge No. %PDF-1.6 % 2004). On Day 15, George filed an answer responding to the allegations in Sallys complaint and raising the defense of improper venue. | Last updated May 11, 2018. P. 12(h)(2) provides that the defenses of failure to state a claim [Fed. Activate your 30 day free trialto unlock unlimited reading. But a party may assert the following defenses by motion: (6) failure to state a claim upon which relief can be granted; and. Should defendant choose that course of defense, and the motion prove unsuccessful, defendant is allowed 10 days after service of the courts unfavorable decision on the motion to answer. Yes, with minor qualifications. R. Civ. The statute of limitations defense has not been waived because it is not a Rule 12 defense. A motion under this rule may be joined with any other motion allowed by this rule. The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The Ninth Circuit Court of Appeals has stated that, if the plaintiff is unable to satisfy its burden July 1, 1963; Feb. 28, 1966, eff. (Return to text), [iv] A motion to dismiss for insufficient process is properly brought only when the form of the process is defective. (C.C.A.8th, 1940) 108 F.(2d) 302; Rossiter v. Vogel (C.C.A.2d, 1943) 134 F.(2d) 908, compare s. c. (C.C.A.2d, 1945) 148 F.(2d) 292; Karl Kiefer Machine Co. v. United States Bottlers Machinery Co. (C.C.A.7th, 1940) 113 F.(2d) 356; Chicago Metallic Mfg. Subdivision (h). 1946) 9 Fed.Rules Serv. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 6e` 0 B The sentence appended to subdivision (c) performs the same function and is grounded on the same reasons as the corresponding sentence added in subdivision (b). By whitelisting SlideShare on your ad-blocker, you are supporting our community of content creators. The term speaking motion is not mentioned in the rules, and if there is such a thing its limitations are undefined. P. [i] . These cookies ensure basic functionalities and security features of the website, anonymously. improper venue [Fed. Watt, 643 F.2d 618, 624 (9th Cir.1981)). No. Q8. None of the defenses go to the merits, except the defense of failure to state a claim upon which relief can be granted. Name Now customize the name of a clipboard to store your clips. A preliminary motion raising one of the Rule 12(b) defenses postpones the time for filing the answer until after the court has ruled on the motion. By accepting, you agree to the updated privacy policy. P 8(c)(1)] could not have been raised in the Rule 12 motion, and therefore cannot be waived by omission from the motion. P. 12 (a) (4) (A). 1976). R. Civ. 467 (E.D.Wis. Subdivision (g) has forbidden a defendant who makes a preanswer motion under this rule from making a further motion presenting any defense or objection which was available to him at the time he made the first motion and which he could have included, but did not in fact include therein. (Williams, 1934) 8784; Ala.Code Ann. The question has arisen whether an omitted defense which cannot be made the basis of a second motion may nevertheless be pleaded in the answer. All forms provided by US Legal Forms, the nations leading legal forms . If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action. Result of Presenting Matters Outside the Pleadings. We also use third-party cookies that help us analyze and understand how you use this website. See the Note to Rule 6. We do not explore the requirements of, or drafting, an answer, which is the responsive pleading to the complaint. 1941) 36 F.Supp. This section contains questions for you to answer to test and strengthen your knowledge of waiver of Rule 12 defenses. Sample complaint for rescission of contract in California. 466; Benson v. Export Equipment Corp. (N. Mex. 17, 2000, eff. In Fla. R. Civ. Thus, it's generally difficult to prevail on a motion to dismiss. 3. Stay up-to-date with how the law affects your life. If the United States provides representation, the need for an extended answer period is the same as in actions against the United States, a United States agency, or a United States officer sued in an official capacity. Sally filed a complaint against George and process was served on Day 1. Has George waived his venue defense? 2002). Subdivision (h) called for waiver of * * * defenses and objections which he [defendant] does not present * * * by motion * * * or, if he has made no motion, in his answer * * *. If the clause if he has made no motion, was read literally, it seemed that the omitted defense was waived and could not be pleaded in the answer. Note to Subdivision (a). See U.S.C., Title 28, [former] 45 (District courts; practice and procedure in certain cases under the interstate commerce laws) (30 days). This cookie is set by GDPR Cookie Consent plugin. If a party files a motion to dismiss but omits a defense of (1) lack of personal jurisdiction, (2) improper venue, (3) insufficiency of process, or (4) insufficiency of service of process, the party will not be permitted to assert that defense in a later motion. Hence, the defense is not waivable; the interests of speed and economy must yield to federalism. 553 (2000); see also State v. Stone, 323 N.C. 447, 452 (1988) ("Circumstantial evidence may withstand a motion to dismiss and support a conviction even when the evidence does not rule out every hypothesis of The words or to prepare for trialeliminated by the proposed amendmenthave sometimes been seized upon as grounds for compulsory statement in the opposing pleading of all the details which the movant would have to meet at the trial. What is the difference between these two? 3 bases for dismissal.4 "When a defendant moves to dismiss based on insufficient service of process under Rule 12(b)(5), the burden shifts to the plaintiff to make a prima facie showing that he served process properly."5 In ruling on a Rule 12(b)(5) motion to dismiss, the "court may consider any 'affidavits and other documentary evidence' submitted by the parties and must R. Civ. Rule 12(h)(1)(A) provides that a defense of lack of personal jurisdiction is waived by omitting it from a motion in the circumstances described in Rule 12(g)(2). Rule 12(g)(2) provides a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion. Since a personal jurisdiction defense was available, and a Rule 12(f) motion is a motion under this rule [Rule 12], the defense of personal jurisdiction was waived. Note to Subdivisions (b) and (d). Opposing waiver, see Phillips v. Baker, 121 F.2d 752 (9th Cir. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow (f) Motion to Strike. 132. Except as provided in Rule 12(h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion. R. Civ. Q7(b). You also have the option to opt-out of these cookies. 1941) 42 F.Supp. 72 (S.D.N.Y. 820. [iv] .These defenses must be consolidated into any preliminary motion brought under rule 12 [Fed. See Stevens v. Sec. . See Rule 12(h)(1)(A). R. Civ. No. 12(b) in particularly is frequently used. P. 12(a)(1)(A(ii)]. 1945) 8 Fed.Rules Serv. Finally, the defenses concerning process and service of process might just as well be disposed of earlier as later; the possibility that separate treatment of these defenses will result in delay may not be too high a price to pay in order to encourage plaintiffs to adhere to the proper formalities, which after all have the significant purpose of making sure that defendants are given proper notice. These cookies track visitors across websites and collect information to provide customized ads. Sally filed a complaint against George and process was served on Day 1. Under group (2) are: Sparks v. England (C.C.A.8th, 1940) 113 F.(2d) 579; Continental Collieries, Inc. v. Shober (C.C.A.3d, 1942) 130 F.(2d) 631; Downey v. Palmer (C.C.A.2d 1940) 114 F.(2d) 116; DeLoach v. Crowley's Inc. (C.C.A.5th, 1942) 128 F.(2d) 378; Leimer v. State Mutual Life Assurance Co. of Worcester, Mass. A motion to dismiss is a formal request for a court to dismiss a case. 30, 2007, eff. Practice Book 10-30(a) (2022). Weve updated our privacy policy so that we are compliant with changing global privacy regulations and to provide you with insight into the limited ways in which we use your data. On Day 10, George made a Rule 26(c) motion for a protective order, claiming that the interrogatories were burdensome and vexatious. The estimated completion time for this computer-assisted exercise is one hour; it can be done in more than one sitting. has demonstrated not only that the office of the bill of particulars is fast becoming obsolete . 669 (1940) 2 Fed.Rules Serv. A Motion to Dismiss is often filed with the court at the earliest stages of the lawsuit, typically before either party has conducted their discovery. (internal citations and quotations omitted), see also Jackson v. Hayakawa, 682 F.2d 1344, 1347 If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order. conclude that the definiteness required is only such as will be sufficient for the party to prepare responsive pleadings). (1937) 278 and 279; Wash.Gen.Rules of the Superior Courts, 1 Wash.Rev.Stat.Ann. The defense of improper venue has been waived by the provisions of Rule 12(h)(1)(A). No. Instead of answering within that 20-day period, defendant may choose to make a preliminary Rule 12(b) motion to dismiss. Subdivision (f). When a defendant has a defense of improper venue or lack of jurisdiction, the court should rule on that defense before the parties develop the merits of the case, which may later be dismissed because it was brought in the wrong court. Rule 12(b) provides a party may assert the following defenses by motion. The defendant has two options: 1) raise the defenses in a preliminary motion, or 2) raise the defenses in the answer, provided that they have not been waived by omission from a preliminary motion. Motion to Dismiss - 3 Introduction A Guide to Resources in the Law Library Motion to Dismiss: "shall be used to assert: (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) insufficiency of process; and (4) insufficiency of service of process". Defendants then moved to dismiss on the grounds of insufficient service of process under Federal Rule of Civil Procedure 12(b)(5), lack of personal jurisdiction under Federal Rule of . Is there a need to decide the seven defenses before the rest of the lawsuit because they raise especially important issues? 12e.244, Case 8 (. Plaintiff has filed a Memorandum in Opposition to the Motionto Dismiss (Doc. A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. 4. It does not store any personal data. No. Do not sell or share my personal information, 1. Exercise Three explored pleading a complaint. It was transferred to this District on March 17, 2021. 20-21.) Answer the question, then scroll down to compare your answer to the authors answer. P. 4.01(2). P. 15(a)(1)(B) gives defendant 20 days after serving the answer on the plaintiff to amend the answer as a matter of course. Compare [former] Equity Rule 29 (DefensesHow Presented); U.S.C., Title 28, [former] 45 (District Courts; practice and procedure in certain cases under the interstate commerce laws). In dealing with such situations the Second Circuit has made the sound suggestion that whatever its label or original basis, the motion may be treated as a motion for summary judgment and disposed of as such. R. Civ. http://www.legaldocspro.net/newsletter.htm. (Doc. If the defendant is not named in the Complaint under either a true or fictitious name, the . This website uses cookies to improve your experience while you navigate through the website. 19, r.r. See Walling v. Alabama Pipe Co. (W.D.Mo. The form has no stamp from the court, which I know it should have if she actually filed it. The following questions are designed to probe why these defenses receive special treatment. The party may join all motions under Rule 12 into a single motion. The addition at the end of subdivision (b) makes it clear that on a motion under Rule 12(b)(6) extraneous material may not be considered if the court excludes it, but that if the court does not exclude such material the motion shall be treated as a motion for summary judgment and disposed of as provided in Rule 56. While this is not a viable option for all defendants and there's no guarantee that it will be granted, there are a variety of reasons why you may want to file a motion to dismiss. Rule 12(h)(1)(A) provides for waiver of a venue defense omitted from a Rule 12 motion in circumstances in which Rule 12 requires joinder. Subdivision (a). Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions. 3. See also the Advisory Committee's Note to amended Rule 4(b). P. 12(a)(4)(A). For example, defendant could move to dismiss for insufficient service of process; following denial of that motion, defendant could move to dismiss for improper venue. This can be seen in some older decisions that refer to defendant having appeared specially.. I can advise you this service - www.HelpWriting.net Bought essay here. Yes. For example, the motion to dismiss for insufficient service of process, if contested, would require the trial court to make a finding about whether process was served upon an appropriate person. 26, 2009, eff. 1391(a) [venue] and 1404(a) [transfer of venue]. object before filing an answer, any defects in service are deemed waived. Clipping is a handy way to collect important slides you want to go back to later. The following pagesand the accompanying computer-aided exercise CALI CIV 09contain several questions to probe your understanding of the interrelationships of the federal rules and federal statutes involved in questions of waiver of defenses under Federal Rule 12. Also before the Court is a Motion to Dismiss for Lack of Jurisdiction due to Insufficient Service of Process by Defendant Pitts.5 (ECF No. (1935) 60705, 60706. This amendment conforms to the amendment of Rule 4(e). P. 6(b), 7, 11, 12, and 15(a). A Rule 12(b)(6) defense goes to the merits in the sense that it involves determination of whether the allegations, if true, present a meritorious claim. On Day 40, the trial court held a hearing on the Rule 12(b)(1) motion and ruled in favor of Sally. Subdivision (d). References in this subdivision to a bill of particulars have been deleted, and the motion provided for is confined to one for a more definite statement, to be obtained only in cases where the movant cannot reasonably be required to frame an answer or other responsive pleading to the pleading in question. Q1(b). (B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served. If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Various minor alterations in language have been made to improve the statement of the rule. 643; Teiger v. Stephan Oderwald, Inc. (S.D.N.Y. Contact us. Motions to dismiss are governed by Federal Rule of Civil Procedure 12 (b), and generally include dismissal on the following grounds: 12 (b) (1) - Lack of Subject Matter Jurisdiction Nos. 1941) 4 Fed.Rules Serv. In his answer, George responded to the allegations in Sallys complaint and also raised the defenses of failure to state a claim upon which relief could be granted, lack of personal jurisdiction, expiration of the statute of limitations, res judicata, and improper venue. See general discussion and cases cited in 1 Moore's Federal Practice (1938), Cum.Supplement 12.07, under Page 657; also, Holtzoff, New Federal Procedure and the Courts (1940) 3541. By amended subdivision (h)(1)(B), the specified defenses, even if not waived by the operation of (A), are waived by the failure to raise them by a motion under Rule 12 or in the responsive pleading or any amendment thereof to which the party is entitled as a matter of course. The codes provided a demurrer to handle both tasks. A motion to dismiss for insufficient service of process means the complaint and summons were not properly served. Under Fed. Due process prohibits a Defendant from . 96 0 obj <>stream Further, "The person . Be sure to take your Federal Rules rulebook with you to the computer. It has also been suggested that this practice could be justified on the ground that the federal rules permit speaking motions. Compare the last sentence of [former] Equity Rule 29 (DefensesHow Presented) and N.Y.C.P.A. 12e.244, Case 9. den. See also Bowles v. Gabel (W.D.Mo. No. R. Civ. R. Civ. Has George waived the defense of lack of personal jurisdiction? 1944) 58 F.Supp. 7, 7a, 7b, 8; 4 Mont.Rev.Codes Ann. We determined that Stursberg had not properly served Defendants . George may amend the answer and save the venue defense. Co. v. Hoyt (N.D.Ohio 1945) 9 Fed.Rules Serv. That leaves four rule 12 defenses that by the express provision of Fed. Notes of Advisory Committee on Rules1987 Amendment. Compare Rules of the District Court of the United States for the District of Columbia (1937), Equity Rule 11; N.M. Rules of Pleading, Practice and Procedure, 38 N.M.Rep. Looks like youve clipped this slide to already. Meeting with a lawyer can help you understand your options and how to best protect your rights. Since George made no preliminary motion, he did not waive any defenses by failing to join them with other defenses. most courts . This site uses cookies to store information on your computer. The purposes that underlie the requirement that service be made on the United States in an action that asserts individual liability of a United States officer or employee for acts occurring in connection with the performance of duties on behalf of the United States also require that the time to answer be extended to 60 days. 1958). Under the original rule defenses which could be raised by motion were divided into two groups which could be the subjects of two successive motions. 1, 9 Fed.Rules Serv. George did not file any preliminary motions. Process was served on Day 1. Service is timely waived if the waiver is returned within the time specified in the request (30 days after the request was mailed, or 60 days if mailed out of the country) and before being formally served with process. Co. (E.D.Pa. R. Civ. %%EOF (1937) Rules 111 and 112. The purpose of these waiver provisions is to require that preanswer motions be brought together, thereby preventing the delay that might arise from hearing the motions sequentially. 1939) 28 F.Supp. Some of these cookies are essential, while others help us to improve your experience by providing insights into how the site is being used. In the Memorandum in Oppos ition, Plaintiff opposes the Motion to Dismiss and requests that the time for service be extended. BACKGROUND Plaintiff filed his initial Complaint in the Eastern District of Arkansas on February 2, 2021. It's also possible for the court to dismiss a case "sua sponte," meaning without being prompted by either party. 1942) 6 Fed.Rules Serv. It is only after a plaintiff obtains proper service upon the defendant that the court obtains jurisdiction over the defendant to impose an enforceable judgment of liability and damages. Instant access to millions of ebooks, audiobooks, magazines, podcasts and more. Q7(c). Q1. On Day 45, George filed his answer, which was timely because the Rule 12(b)(1) motion extended the time for filing the answer until 10 days after notice of the courts action on the motion. Cf. See Commentary, Manner of Raising Objection of Non-Joinder of Indispensable Party (1940) 2 Fed.Rules Serv. 643; Brown v. H. L. Green Co. (S.D.N.Y. R. Civ. . If the motion to dismiss is denied, the defendant must still file their answer, usually within a shortened amount of time. 1941). Federal legal newsletter by visiting the following link: (2) When to Raise Others. The defendant's motion to dismiss for insufficient evidence challenges whether there is substantial evidence of each element of the offense and of the identity of the defendant as the perpetrator -- if not, the case is dismissed rather than going to the jury. It appears that you have an ad-blocker running. This cookie is set by GDPR Cookie Consent plugin. Created byFindLaw's team of legal writers and editors The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". This is done when the defendant believes a claim in the lawsuit is legally invalid, or there are legitimate grounds for throwing the case out of court. Exercise One - Holding and Dicta in the Context of a Diversity Case, 4. Q7(a). Second, Fed. %PDF-1.5 % State v. Salters, 137 N.C. App. 07/14/14 - RULE 60 & SANCTION MOTION(S) - Ladye Margaret Townsend BANKRUPTCY 2009.09.03 motion to disqualify Varner as counsel, Amicus Curiae Briefs (3d Cir, PA) April 2014, 08/10/12 - MOTION TO STRIKE RESPONSE TO: Motion To Strike Motion To Dismiss, Fbis response-to-gawkers-motion-for-summary.

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