Entrepreneur Media Inc v. Eygn Limited Ernst & Young LLP et al

Filing 40

NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Lack of Subject Matter Jurisdiction filed by Defendant Ernst & Young Advisory Inc. Motion set for hearing on 12/22/2008 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order)(Donahue, David)

1 Craig S. Mende, admitted pro hac vice
David A. Donahue, admitted pro hac vice
2 Betsy Judelson Newman, admitted pro hac vice
Grace W. Kang, admitted pro hac vice
3 FROSS ZELNICK LEHRMAN & ZISSU, P.C.
866 United Nations Plaza
4 New York, New York 10017
Telephone: [phone]
5 Facsimile: [phone]
6 James H. Berry, Jr. (State Bar No. 075834)
Kevin R. Lussier (State Bar No. 143821)
7 BERRY & PERKINS
A Professional Corporation
8 2049 Century Park East, Suite 950
Los Angeles, California 90067-3134
9 Telephone: [phone]
Facsimile: [phone]
10
Counsel for Defendant Ernst & Young Advisory Inc.
11
THE UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
13
ENTREPRENEUR MEDIA, INC.,
Case No. SACV08-0608 DOC
14
(MLGx)
Plaintiff,
15
vs.
16
EYGN Limited, ERNST & YOUNG NOTICE OF ERNST & YOUNG
17 LLP and ERNST & YOUNG
ADVISORY INC.’S MOTION FOR
ADVISORY INC.,
JUDGMENT ON THE PLEADINGS
18
FOR LACK OF SUBJECT
Defendants.
19
MATTER JURISDICTION
20 EYGN Limited and ERNST &
YOUNG LLP,
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Counterclaim-Plaintiffs,
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vs.
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ENTREPRENEUR MEDIA, INC., a
24 New York corporation,
25
Counterclaim-Defendant.
26

Date: December 22, 2008
Time: 8:30 a.m.
Courtroom: 9D
Judge: Honorable David O. Carter

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28
NOTICE OF ERNST & YOUNG ADVISORY INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS

SACV08-0608 DOC (MLGX)

1 TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD:
2

PLEASE TAKE NOTICE that on December 22, 2008, at 8:30 a.m. or as soon

3 thereafter as may be heard, defendant Ernst & Young Advisory Inc. (“EYAI”) will move
4 for judgment on the pleadings for lack of subject matter jurisdiction pursuant to Rule
5 12(c) of the Federal Rules of Civil Procedure dismissing Plaintiff’s complaint in its
6 entirety before the Honorable David O. Carter, in Courtroom 9D of the United States
7 District Court for the Central District of California, 411 West Fourth Street, Santa Ana,
8 California 92701. The grounds for the motion are that there is no actual controversy
9 between Plaintiff and EYAI pleaded on the face of the complaint or on the undisputed
10 facts, as required for the Court to exercise subject matter jurisdiction under Article III of
11 the United States Constitution and the Declaratory Judgment Act, 28 U.S.C. § 2201.
12

This motion is based on this notice; the accompanying Memorandum of Points and

13 Authorities in Support of EYAI’s Motion; the declarations and other evidence filed in
14 support of EYAI’s motion, including the declarations of Doris Stamml and Craig S.
15 Mende; all prior pleadings and proceedings in this matter; and all oral and written
16 evidence to be presented at the hearing, if any, on this motion.
17

On August 1, October 21 and October 29, 2008, counsel for the parties met and

18 conferred concerning this motion pursuant to Local Rule 7-3.
19 DATED: November 12, 2008
20 BERRY & PERKINS,
21 A Professional Corporation

Respectfully submitted,

22

By:____________________________
Craig S. Mende
[e-mail]
David A. Donahue
[e-mail]
Betsy Judelson Newman
[e-mail]
Grace W. Kang
[e-mail]
Phone: [phone]

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FROSS ZELNICK LEHRMAN & ZISSU, P.C.

Counsel for Defendant Ernst & Young
Advisory Inc.
NOTICE OF ERNST & YOUNG ADVISORY INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS

SACV08-0608 DOC (MLGX)