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Rentmaster Property Management, LLC v. Shain Trading Corp., et al.

Reply Memorandum of Law in Support of Defendants’ Motion To Dismiss the Amended Complaint for a Lack of Personal Jurisdiction, Improper Venue, and Failure to State a Claim

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Motion to dismiss an action under Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction, 12(b)(6) for a failure to state a claim, and, for good measure, 12(b)(3) for improper venue -- which, if you read the brief, you will see is not the usual venue argument at all (hint: the corporate plaintiff was formed the same day as the pleading was filed).

The lawsuit purports to be one for trademark infringement and the usual kitchen-sink nonsense along with it. This is just the tip of this iceberg...

The court granted our motion to dismiss on April 14, 2011. Regrettably there was no written opinion.


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Published In: Civil Procedure Updates, Intellectual Property Updates, Business Torts Updates

Reference Info: Legal Memoranda: Motion Addressed to Pleadings | Federal, 10th Circuit, Utah | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Coleman, Goetz Fitzpatrick LLP | Attorney Advertising

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