Monsour et al v. Menu Maker Foods Inc

Filing 72

MOTION for Summary Judgment ON THE CLAIMS OF THE PLAINTIFFS MARK MONSOUR AND SHEILA MONSOUR by Defendant Menu Maker Foods Inc (Wachtel, John)

Monsour et al v. Menu Maker Foods Inc

Doc. 72

Case 6:05-cv-01204-JTM

Document 72

Filed 05/23/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS MARK MONSOUR, SHEILA MONSOUR and MONSOUR'S INC. ) ) Plaintiffs, ) vs. ) ) MENU MAKER FOODS, INC. ) ) Defendants ) )

Case No. 05-1204-MLB

DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON THE CLAIMS OF THE PLAINTIFFS MARK MONSOUR AND SHEILA MONSOUR COMES NOW the Defendant, Menu Maker Foods, Inc., by and through its attorneys of record John Val Wachtel and Alexander B. Mitchell of Klenda, Mitchell, Austerman & Zuercher, L.L.C., and pursuant to Fed.R.Civ.P. 56, hereby moves for summary judgment dismissing the individual claims of the plaintiffs Mark Monsour and Sheila Monsour, on grounds that they are not proper plaintiff's in this litigation and they lack standing to bring as individuals the claims made in the Complaint against the defendant. There are no disputed issues of material fact with respect to this issue, and the Defendant is entitled to judgment as a matter of law. In compliance with Rule 56 of the Federal Rules of Civil Procedure and D.Kan.Rule 7.1, the Defendant has submitted herewith a memorandum in support of this motion. WHEREFORE, the defendant prays for an order of this court granting summary judgment and dismissing the claims made in the Complaint by the individual plaintiffs Mark Monsour and Sheila Monsour. Respectfully submitted, KLENDA, MITCHELL, AUSTERMAN & ZUERCHER, L.L.C.

Dockets.Justia.com

Case 6:05-cv-01204-JTM

Document 72

Filed 05/23/2006

Page 2 of 2

s/John Val Wachtel John Val Wachtel, #8310 301 N. Main, 1600 Epic Center Wichita, KS 67202-4888 Tele.: [phone] Fax: [phone] [e-mail] Attorneys for Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 23rd day of May, 2006, I electronically filed the foregoing with the clerk of the court by using the CM/ECF system which will send electronic notice of this filing to: Dustin DeVaughn McDonald, Tinker, Skaer, Quinn & Herrington, P.A. 200 W. Douglas, Ave., Ste 500 Wichita, KS 67202 [e-mail] Attorney for Plaintiffs

s/John Val Wachtel John Val Wachtel

KMAZ Document No. 305331

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