Johnson v. West Publishing Corporation

Filing 19

SUGGESTIONS in support re 18 MOTION for order Dismiss Count II of Plaintiff's Complaint filed by Kurt D. Williams on behalf of Defendant West Publishing Corporation. (Attachments: # 1 Exhibit Wiles Opinion)(Related document(s) 18 ) (Williams, Kurt)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION MARCY A. JOHNSON, Plaintiff, v. WEST PUBLISHING CORP., Defendant. ) ) ) ) ) ) ) ) ) No. 2:10-cv-04027-NKL DEFENDANT'S MOTION TO DISMISS COUNT II OF PLAINTIFF'S COMPLAINT Defendant West Publishing Corporation ("West") moves for an Order of Dismissal as to Count II of Plaintiff's Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth in the accompanying Suggestions in Support, which are incorporated herein by reference, the Court should dismiss Count II because Plaintiff has failed to allege sufficient facts to state a claim upon which relief can be granted. WHEREFORE, West respectfully requests that this Court dismiss with prejudice Count II of Plaintiff's Complaint and grant West such other and further relief as the Court deems just and proper. BERKOWITZ OLIVER WILLIAMS SHAW & EISENBRANDT LLP By:/s/ Kurt D. Williams Kurt D. Williams MO Bar # 36957 Nick J. Kurt MO Bar # 52216 2600 Grand Boulevard, Suite 1200 Kansas City, Missouri 64108 Telephone: 816-561-7007 Facsimile: 816-561-1888 REED SMITH LLP Diane Green-Kelly, admitted pro hac vice David Z. Smith, admitted pro hac vice 10 S. Wacker Dr. - 40th Fl. Chicago, Illinois 60606 Telephone: 312-207-1000 Facsimile: 312-207-6400 Attorneys for Defendant West Publishing Corp. CERTIFICATE OF SERVICE I hereby certify that on April 23, 2010, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which sent notification of such filing to the following: Matthew D. Meyerkord Ben Barnow /s/ Kurt D. Williams Attorney for Defendant West Publishing Corp. 2

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