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

Filing 43

MOTION to Dismiss Second Amended Complaint by THE COCA-COLA COMPANY. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service # 3 Brief # 4 Exhibit A# 5 Exhibit B)(BOYER, PETER)

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

Doc. 43

McCARTER & ENGLISH, LLP By: GITA F. ROTHSCHILD PETER J. BOYER Four Gateway Center 100 Mulberry Street Newark, NJ 07102 [phone] [phone] (fax) Attorneys for Defendant The Coca-Cola Company IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CAMDEN VICINAGE LINDA FRANULOVIC, individually and on behalf of a class of persons, Plaintiff, v. THE COCA-COLA COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 1:07-cv-00539-RMB-JS CLASS ACTION Document Electronically Filed NOTICE OF DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED CLASS ACTION COMPLAINT ORAL ARGUMENT REQUESTED

PLEASE TAKE NOTICE that on September 21, 2007, or as soon as counsel may be heard, counsel for Defendant The Coca-Cola Company shall apply to the Honorable Renee M. 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)(6), and 9(b), Defendant hereby moves this Honorable Court to dismiss Plaintiff's claim under the New Jersey Consumer Fraud Act and Plaintiff's claim for violations of the New Jersey Food and Drug Laws. The reasons for this motion are set forth in detail in the accompanying Memorandum of Law in Support of -1LEGAL02/30504236v1

Dockets.Justia.com

Defendant's Motion to Dismiss Plaintiff's Second Amended Class Action Complaint, any reply papers which Defendant 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 Defendant REQUESTS 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 September 7, 2007. Dated: August 27, 2007. McCARTER & ENGLISH, LLP /s/ Peter J. Boyer GITA F. ROTHSCHILD PETER J. BOYER Four Gateway Center 100 Mulberry Street Newark, NJ 07102 [phone] [phone] (fax) JANE F. THORPE (admitted pro hac vice) SCOTT A. ELDER (admitted pro hac vice) ALSTON & BIRD, LLP 1201 West Peachtree Street Atlanta, Georgia 30309-3424 [phone] [phone] (fax) Attorneys for Defendant The Coca-Cola Company

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