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.]

Download PDF
BLANK ROME LLP A Pennsylvania LLP STEPHEN M. ORLOFSKY New Jersey Resident Partner ANDREW J. HUGHES 301 Carnegie Center Princeton, NJ 08540 Phone: (609) 750-7700 Facsimile: (609) 750-7701 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 134749.00601/50380149v.1 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 134749.00601/50380149v.1 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. 134749.00601/50380149v.1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?