Jeffrey S. Sarver v. The Hurt Locker LLC et al

Filing 20

MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, and Failure to State a Claim by KATHRYN BIGELOW, MARK BOAL. Responses due by 7/6/2010 (Attachments: #1 Brief In Support of Motion to Dismiss for Lack of Personal Jurisdiction, Improper Venue, and Failure to State a Claim and, in the Alternative, to Transfer Venue, #2 Declaration of Mark Boal, #3 Declaration of Kathryn Bigelow, #4 Text of Proposed Order, #5 Certificate of Service)(ORLOFSKY, STEPHEN) [Transferred from New Jersey on 11/23/2010.]

BLANK ROME LLP
A Pennsylvania LLP
STEPHEN M. ORLOFSKY
New Jersey Resident Partner
ANDREW J. HUGHES
301 Carnegie Center
Princeton, NJ 08540
Phone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Mark Boal and Kathryn Bigelow
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
:
HON. DENNIS M. CAVANAUGH
:
SGT. JEFFREY S. SARVER,
:
CIVIL ACTION NO. 2:10-cv-01076
:
Plaintiff,
:
Oral Argument Requested
:
v.
:
:
THE HURT LOCKER, LLC, MARK
:
BOAL, KATHRYN BIGELOW, GREG
(Filed Electronically)
:
SHAPIRO, NICOLAS CHARTIER,
:
TONY MARK, DONALL McCUSKER,
ORDER
:
SUMMIT ENTERTAINMENT, LLC,
:
VOLTAGE PICTURES, LLC,
:
GROSVENOR PARK MEDIA, LP,
:
FIRST LIGHT PRODUCTIONS, INC.,
:
KINGSGATE FILMS, INC. and
PLAYBOY ENTERPRISES, INC., Jointly :
:
and Severally,
:
:
Defendants.
THIS MATTER having been opened to the Court by Blank Rome LLP, a Pennsylvania
LLP, attorneys for the Defendants, Mark Boal and Kathryn Bigelow (“Defendants”), by way of
Motion to Dismiss for lack of personal jurisdiction under Fed. R. Civ. P. 12(b)(2); improper
venue under Fed. R. Civ. P. 12(b)(3) and 28 U.S.C. § 1406; and, in part, failure to state a claim

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upon which relief can be granted under Fed. R. Civ. P. 12(b)(6); and, in the Alternative, by way
of Motion to Transfer Venue Under 28 U.S.C. § 1406 or 28 U.S.C. § 1404, and Stephen M.
Orlofsky, Esq. of Blank Rome LLP appearing on behalf of Defendants, and Linda George, Esq.
appearing on behalf of Plaintiff, and for good cause shown:
IT IS ON THIS _____ DAY OF

2010,

ORDERED that Defendants’ Motion to Dismiss Plaintiff’s Complaint for Lack of
Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) is hereby GRANTED; and it is further
ORDERED that Defendants’ Motion to Dismiss Plaintiff’s Complaint for Improper
Venue Pursuant to Fed. R. Civ. P. 12(b)(3) is hereby GRANTED; and it is further
ORDERED that Defendants’ Motion to Dismiss Plaintiff’s Complaint for Improper
Venue Pursuant to 28 U.S.C. § 1406 is hereby GRANTED; and it is further
ORDERED that Counts I through VII of Plaintiff’s Complaint are hereby DISMISSED
against Defendants; and it is further

ORDERED that Defendants’ Motion to Transfer this Action to the Central District of
California Pursuant to 28 U.S.C. § 1406 is hereby GRANTED; and it is further
ORDERED that Defendants’ Motion to Transfer this Action to the Central District of
California Pursuant to 28 U.S.C. § 1404 is hereby GRANTED; and it is further

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ORDERED that this Action is hereby TRANSFERRED to the Central District of
California; and it is further

ORDERED that Defendants’ Motion to Dismiss for Failure to State a Claim Upon Which
Relief can be Granted, Pursuant to Fed. R. Civ. P. 12(b)(6), Counts I-VII of Plaintiff’s Complaint
Against Kathryn Bigelow, and Counts I-III, V and VII Against Mark Boal is hereby
GRANTED; and it is further
ORDERED that Counts I-VII of Plaintiff’s Complaint Against Kathryn Bigelow and
Counts I-III, V, and VII of Plaintiff’s Complaint Against Mark Boal are DISMISSED; and it is
further

ORDERED that a copy of this Order shall be served upon all parties within ____ days of
the date hereof.

_____________________________
HON. DENNIS M. CAVANAUGH, U.S.D.J.

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