CoStar Realty Information, Inc. et al v. Centers & Malls, LLC et al

Filing 57

MOTION to Dismiss by Garrett Van Siclen. Responses due by 9/21/2007 (Attachments: # 1 Exhibit Memorandum of Law)(Janey, Neal) Modified on 9/10/2007 (rank, Deputy Clerk).(Hard Copy rec'd 9/7/07 rk)

CoStar Realty Information, Inc. et al v. Centers & Malls, LLC et al

Doc. 57

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICTOF MARYLAND __________________________________________ COSTAR REALTY INFORMATION, INC., ETAL.) ) PLAINTIFFS ) ) vs. ) CASE NO.: 07-CV-01182-AW ) ) CENTERS & MALLS, LLC, ET AL. ) ) ) DEFENDANTS ) __________________________________________) MOTION TO DISMISS Garrett Van Siclen, Defendant, by and through undersigned counsel, files this Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(2) and 12(b)(6), and in support thereof states and avers that he requests the Court to: 1. Dismiss the First Amended Complaint as the Court lacks personal

jurisdiction over the Defendant pursuant to Fed. R. Civ. P. 12(b)(2). 2. Dismiss Count I of the First Amended Complaint (Copyright

Infringement) for failure to state a claim for which relief can be granted. 3. Dismiss Count IV of the First Amended Complaint (Intentional

Interference With Contractual Relations) for failure to state a claim for which relief can be granted. 4. Dismiss Count V of the First Amended Complaint (Misappropriation of

Trade Secret Material) for failure to state a claim for which relief can be granted. 5. Dismiss Count VI of the First Amended Complaint (Conversion) for

failure to state a claim for which relief can be granted.

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6.

Dismiss Count VII of the First Amended Complaint (Civil Conspiracy) for

failure to state a claim for which relief can be granted. 7. Dismiss Count VIII of the First Amended Complaint (Unauthorized

Computer Access) for failure to state a claim for which relief can be granted. WHEREFORE, for the reasons stated herein and in the accompanying Memorandum of Law, Defendant respectfully prays that this Court will enter an Order dismissing the Complaint Respectfully Submitted,

/s/ Neal M. Janey__________________ NEAL M. JANEY Federal Bar No. 02285 928 North Charles Street, A-2 Baltimore, Maryland 21201 Telephone: [phone] Facsimile: 410-244-8568

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 4th day of September, 2007, true copies of the foregoing Motion to Dismiss and the accompanying Memorandum of Law were filed and if necessary, hard copies were mailed, in accordance with the Electronic Filing Requirements and Procedures of the United States District Court for the District of Maryland

/S/ Neal M. Janey__________________________ Neal M. Janey