Entertainment Software Association et al v. Foti et al

Filing 19

MOTION to Dismiss Pursuant to FRCP Rules 12(b) (1) and (6) by Charles C. Foti, Jr. (Wilton, Patricia)

Entertainment Software Association et al v. Foti et al

Doc. 19

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ENTERTAINMENT SOFTWARE ASSOCIATION AND ENTERTAINMENT MERCHANTS ASSOCIATION Plaintiffs VERSUS CHARLES C. FOTI, in his official capacity as Attorney General of the State of Louisiana; and DOUG MOREAU, in his official capacity on behalf of himself as District Attorney for the Parish of East Baton Rouge, and on behalf of a class of similarly situated individuals in their official capacities SECTION CIVIL ACTION NO. 06-431-JJB-CN

JUDGE BRADY COMPLAINT- CLASS ACTION

Defendants ****************************************************************************** MOTION TO DISMISS PURSUANT TO FRCP RULES 12(b)(1) and (6) NOW INTO COURT, through undersigned counsel, comes Charles C. Foti, Jr., Attorney General, in his official capacity, who moves that plaintiff's complaint against him be dismissed pursuant to FRCP Rule 12(b)(1) and (6) as follows: 1. Plaintiff's complaint fails to articulate any claim over which this Court could exercise subject matter jurisdiction as it does not present a justiciable "case or controversy" as required by Article III of the United State Constitution. 2. Plaintiff's complaint fails to state a claim upon which relief can be granted because this Court should abstain under the Pullman doctrine.

Case 3:06-cv-00431-JJB-CN

Document 19

06/27/2006

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Dockets.Justia.com

3. The grounds for this Motion are more particularly set forth in the contemporaneously filed memorandum in support of this motion. WHEREFORE, Mover prays that this Motion be granted and that the Court dismiss plaintiff's claims against him with prejudice and at plaintiff's cost. Respectfully submitted, CHARLES C. FOTI, JR. ATTORNEY GENERAL BY: /s David G. Sanders DAVID G. SANDERS, Bar Roll No. 11696 BURTON P. GUIDRY, Bar Roll No. 06439 PATRICIA H. WILTON, Bar Roll No. 18049 ASSISTANT ATTORNEYS GENERAL LOUISIANA DEPARTMENT OF JUSTICE LITIGATION DIVISION P.O. BOX 94005 BATON ROUGE, LA 70804-9005 TELEPHONE: [phone]

FACSIMILE: [phone]

CERTIFICATE OF SERVICE I certify that a copy of the foregoing has been served upon counsel for all represented parties and has been served upon all pro se parties to this proceeding by mailing the same to each by first class United States mail, properly addressed and postage prepaid on this 27th day of June, 2006. /s David G. Sanders DAVID G. SANDERS James A. Brown George Denegre, Jr. Liskow & Lewis One Shell Square 701 Poydras Street, Ste. 5000 New Orleans, LA 70139-5099

Case 3:06-cv-00431-JJB-CN

2 Document 19

06/27/2006

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