Martin v. Washington Post Company et al

Filing 7

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Quash Service of Summons by Defendant Montgomery County Maryland. Responses due by 1/7/2010 (Kelty, Thomas)

Martin v. Washington Post Company et al

Doc. 7

3:09-cv-03295-JES-CHE # 7

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Monday, 21 December, 2009 02:14:09 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS ANDY MARTIN, ) ) Plaintiff, ) ) v. ) ) WASHINGTON POST COMPANY, DANIEL ) MORSE, SCOTT SHIRLEY d/b/a/ ADR ) PRODUCTIONS, GOOGLE , INC., JOHN ) GILCHRIST, A/K/A JOHN BORLAZA, JIM ) BROSEMER, MONTGOMERY COUNTY, ) MARYLAND, JOHN J. MCCARTHY, JOHN ) DOE AGENT OF MARK KIRK and/or ) BARACK HUSSEIN OBAMA, WILLIAM G. ) SIMMONS, EUGENE WOLFE, and CHERYL ) MCCALLY, ) ) Defendants. )

E-FILED

Case No. 3:09-cv-03295-JES-BGC Magistrate Judge Byron G. Cudmore

MOTION TO QUASH SERVICE OF SUMMONS AND TO DISMISS COMPLAINT FOR LACK OF PERSONAL JURISDICTION NOW COMES Defendant, MONTGOMERY COUNTY, MARYLAND (hereinafter referred to as "Montgomery County"), by and through its counsel, Thomas W. Kelty, Kelty Law Office, and, pursuant to the Federal Rules of Civil Procedure, moves this Court for an order to quash the service of summons on Defendant Montgomery County, Maryland and dismiss the action against it, and as grounds states as follows: 1. Plaintiff filed this action in the Seventh Judicial Circuit Court, Sangamon County,

Illinois on September 4, 2009. The Complaint lists several individuals, businesses, and/or governmental entities as Defendants. 2. Defendant Montgomery County received service of the Complaint by mail on

November 9, 2009.

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Dockets.Justia.com

3:09-cv-03295-JES-CHE # 7

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3.

The claim against Montgomery County appears to be for its alleged failure to properly

protect Plaintiff when he filed a consumer complaint with the Montgomery County Office of Consumer Protection. (Complaint p. 7, para. 3c.B.) Plaintiff claims, without any factual support, that Montgomery County failed "to protect Plaintiff's right to file a consumer complaint without fear of harassment from the corrupt governmental structure of the county." (Complaint p. 3, para. 2f.) 4. Based on the facts and allegations in the Complaint, a state court in Illinois lacks

personal jurisdiction over Defendant Montgomery County, and should not hear this claim. 5. The Court is directed to the accompanying Memorandum of Grounds and Authorities

in support of this Motion to Quash Service of Summons and to Dismiss the Complaint for lack of personal jurisdiction. WHEREFORE, in view of the foregoing, as well as the grounds and authorities set forth in the accompanying Memorandum, Defendant Montgomery County respectfully requests that this Court grant this Motion, quash the service of the summons and dismiss Plaintiff's Complaint against it with prejudice, and grant such further relief as this Court deems appropriate. Respectfully submitted, MONTGOMERY COUNTY, MARYLAND, Defendant

/s/ Thomas W. Kelty It's Attorney

Thomas W. Kelty, No. 1441337 Kelty Law Office Attorney for Defendant Montgomery County, Maryland P.O. Box 2243 Springfield, IL 62705 Telephone: [phone]
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3:09-cv-03295-JES-CHE # 7

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STATE OF ILLINOIS COUNTY OF SANGAMON

) ) )

SS.

CERTIFICATE OF SERVICE The undersigned hereby certifies that the above instrument was filed electronically with th e Court on December 21, 2009 and shall be served to the following parties electronically: Donald M. Craven Donald M. Craven, P.C. 1005 North Seventh Street Springfield, Illinois 62702

and shall be mailed via first class mail on December 21, 2009 to: Andy Martin 30 East Huron Street Suite 4406 Chicago, IL 60611-4723

/s/ Thomas W. Kelty

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