Gibson v. Craigslist, Inc.

Filing 6

MOTION to Dismiss. Document filed by Craigslist, Inc..(Kinney, Justin)

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Gibson v. Craigslist, Inc. D Doc. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CALVIN GIBSON, Plaintiff, v. CRAIGSLIST, INC. Defendant. TO: Paul B. Dalnoky, Esq. 45 East 7 Street, #103 New York, NY 10003 (212) 260-4386 Attorney for Plaintiff Gibson NOTICE OF MOTION TO DISMISS Document Electronically Filed 08 CV 7735 (RMB) COUNSEL: PLEASE TAKE NOTICE that, on a date and time set by the court, or as soon thereafter as counsel may be heard, the undersigned, counsel for defendant, CRAIGSLIST, INC. ("craigslist"), shall move before the Honorable Richard M. Berman, United States District Judge, United States District Court for the Southern District of New York, at the United States Courthouse, 500 Pearl Street, New York, New York 10007, pursuant to Federal Rule of Civil Procedure 12(b)(6), for an Order dismissing with prejudice plaintiff's complaint for failure to state a valid claim on which relief can be granted because the Communications Decency Act, 47 U.S.C. 230, protects operators of interactive computer services, like craigslist, from the claims asserted against it in this matter. PLEASE TAKE FURTHER NOTICE that in support of this motion craigslist shall rely upon the enclosed Memorandum of Law. COUGHLIN DUFFY LLP By: _/s/ Justin N. Kinney_ JUSTIN N. KINNEY (JNK 8531) Wall Street Plaza 88 Pine Street New York, NY 10005 (212) 483-9490 and Elizabeth McDougall PERKINS COIE LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101 (206) 359-8000 Attorneys for Defendant craigslist Dated: November 6, 2008 2

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