CENTER FOR SCIENCE IN THE PUBLIC INTEREST v. THE COCA-COLA COMPANY et al

Filing 13

Joint MOTION to Dismiss by THE COCA-COLA COMPANY, NESTLE USA, INC., BEVERAGE PARTNERS WORLDWIDE.Responses due by 6/15/2007 (FAULK, WARREN)

CENTER FOR SCIENCE IN THE PUBLIC INTEREST v. THE COCA-COLA COMPANY et al

Doc. 13

BROWN & CONNERY, LLP By: WARREN W. FAULK (0305) 360 Haddon Avenue P.O. Box 539 Westmont, NJ 08108 [phone] [phone] (fax) Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CAMDEN VICINAGE CENTER FOR SCIENCE IN THE PUBLIC INTEREST, Plaintiff, v. THE COCA-COLA COMPANY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL NO. 1:07-cv-00-00539-RMB-JS Document Electronically Filed NOTICE OF DEFENDANTS' JOINT MOTION TO DISMISS ORAL ARGUMENT REQUESTED

PLEASE TAKE NOTICE that on Friday, June 15, 2007 at 9:30 a.m., or as soon as counsel may be heard, counsel for all Defendants shall jointly apply to the Honorable Renee Marie Bumb, United States District Judge, at the United States District Court, Mitchell H. Cohen Federal Building & U.S. Courthouse, 4th & Cooper Streets, Camden, New Jersey, for an Order dismissing this action. Pursuant to FED. R. CIV. P. 12(b)(1), 12(b)(6), and 9(b), Defendants hereby jointly move this Honorable Court to dismiss Plaintiff's Amended Complaint for lack of standing, failure to state a claim upon which relief can be granted, and failure to plead with particularity. The reasons for this motion are set forth in detail in the accompanying

Memorandum of Law in Support of Defendants' Joint Motion to Dismiss, any reply papers

Dockets.Justia.com

which Defendants shall file and serve upon all counsel, and all pleadings and papers on file in the above-captioned matter; and PLEASE TAKE FURTHER NOTICE that Defendants REQUEST ORAL ARGUMENT; and PLEASE TAKE FURTHER NOTICE that a proposed form of Order granting the relief requested is attached hereto; and PLEASE TAKE FURTHER NOTICE that, pursuant to L. Civ. R. 7.1(d)(2), any party opposing this motion must file and serve its opposition brief and any supporting papers by June 1, 2007. BROWN & CONNERY, LLP Attorneys for Defendants The Coca-Cola Company, Nestle USA, Inc., and Beverage Partners Worldwide (North America) Dated: May 14, 2007 By: s/ Warren W. Faulk WARREN W. FAULK (0305) 360 Haddon Avenue P.O. Box 539 Westmont, NJ 08108 [phone] [phone] (fax) [e-mail]

OF COUNSEL: JANE F. THORPE SCOTT A. ELDER ALSTON & BIRD, LLP 1201 West Peachtree Street Atlanta, Georgia 30309-3424 [phone] [phone] (fax) Attorneys for Defendants The Coca-Cola Company and Beverage Partners Worldwide (North America) CARMINE ZARLENGA HOWREY LLP 1299 Pennsylvania Avenue, NW Washington, DC 20004 [phone] [phone] (fax)

Attorneys for Defendant Nestle USA, Inc.