Johnston et al v. Apple, Inc.

Filing 31

MOTION to Dismiss Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint. Document filed by Apple, Inc.. Responses due by 8/19/2011 Return Date set for 9/2/2011 at 04:30 PM.(Crispi, Thomas)

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF NEW YORK
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:
BRIAN JOHNSTON and NILE CHARLES,
:
:
Plaintiffs,
:
v.
:
:
:
APPLE INC. and OMNISCIENT INVESTIGATION
:
CORPORATION,
:
:
Defendants.
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1:11-cv-03321-JSR
NOTICE OF MOTION

NOTICE OF MOTION TO DISMISS PLAINTIFFS’ SECOND AMENDED
COMPLAINT
PLEASE TAKE NOTICE, that upon all moving papers submitted in support of Apple
Inc.’s August 10, 2011 Motion to Dismiss the Second Amended Complaint; the August 10, 2011
Declaration of Thomas M. Crispi in Support of Apple Inc.’s Motion to Dismiss the Second
Amended Complaint; and the exhibits attached thereto, Apple Inc. will move this Court in
Courtroom 14B at the United States Courthouse, 500 Pearl Street, New York, New York, on
September 2, 2011, at 4:30 P.M., for an Order pursuant to Federal Rule of Civil Procedure
12(b)(6) and Federal Rule of Civil Procedure 12(d), granting judgment to Apple Inc., and for
such other and further relief as to this Court seems just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to the Court’s schedule and the
consent of the parties, Plaintiffs’ answering papers, if any, are due on August 19, 2011, and
Apple Inc.’s reply papers, if any, are due on August 26, 2011.
Signature Block Appears on the Following Page

Dated: New York, New York
August10, 2011

Respectfully submitted,
SCHIFF HARDIN LLP

/s/ Thomas M. Crispi
Thomas M. Crispi
[e-mail]
Kellen G. Ressmeyer
[e-mail]
666 Fifth Avenue, 17th Floor
New York, New York 10103
Telephone: [phone]
Facsimile: [phone]
Counsel for Apple Inc.
NY\51033517.1