Johnston et al v. Apple, Inc.

Filing 7

MOTION for Judgment PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) AND 12(D). Document filed by Apple, Inc.. Return Date set for 6/28/2011 at 04:00 PM.(Crispi, Thomas)

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF NEW YORK
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:
BRIAN JOHNSTON and NILE CHARLES,
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Plaintiffs,
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v.
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APPLE INC.,
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Defendant.
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1:11-cv-03321-JSR
NOTICE OF MOTION FOR
JUDGMENT PURSUANT TO
FEDERAL RULE OF CIVIL
PROCEDURE 12(B)(6) AND
12(D)

NOTICE OF MOTION FOR JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE 12(B)(6) AND 12(D)
PLEASE TAKE NOTICE, that upon the accompanying memorandum of law; the June 2, 2011
Declaration of Thomas M. Crispi in Support of Apple Inc.’s Motion for Judgment Pursuant to
Federal Rule of Civil Procedure 12(B)(6) and Rule 12(D) (the “Motion to Dismiss the
Complaint”); the May 23, 2011 Declaration of Pierre Auguste in Support of Apple Inc.’s Motion
to Dismiss the Complaint; and the exhibits submitted in connection therewith, Apple Inc. will
move this Court in Courtroom 14B at the United States Courthouse, 500 Pearl Street, New York,
New York, on June 28, 2011, at 4:00 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, Plaintiffs’
answering papers, if any, are due on June 15, 2011, and Defendant’s reply papers, if any, are due
on June 22, 2011.

Signature Block Appears on the Following Page

Dated: New York, New York
June 2, 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\50983125.1