FELDMAN v. GOOGLE, INC.

Filing 8

Amended MOTION to Dismiss filed by GOOGLE, INC..Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law# 2 Text of Proposed Order One# 3 Text of Proposed Order Alternative# 4 Certificate of Service# 5 Exhibit A)(LINDY, JEFFREY)

FELDMAN v. GOOGLE, INC.

Doc. 8

Case 2:06-cv-02540-JG

Document 8

Filed 08/28/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LAWRENCE E. FELDMAN, d/b/a/ LAWRENCE E. FELDMAN and ASSOCIATES, Plaintiff, v. GOOGLE, INC., Defendant. : : : : : : : : : : :

CIVIL ACTION NO. 06-cv-2540

MOTION OF DEFENDANT GOOGLE, INC., TO DISMISS THE AMENDED COMPLAINT PURSUANT TO FED.R.CIV.P. 12(b)(6) Defendant Google, Inc., by and through its undersigned counsel, respectfully requests that this Court grant Defendant's Motion to Dismiss the Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6). In support of its Motion, Google hereby incorporates by reference the averments contained in the following Memorandum of Law as if fully set forth herein. WHEREFORE, Defendant Google, Inc., respectfully requests that this Court grant its Motion to Dismiss the Amended Complaint and enter the attached Order.1 LINDY & ASSOCIATES, P.C. By: \s\ David J. Berney_____ Jeffrey M. Lindy, Esquire David J. Berney, Esquire, Of Counsel 1800 JFK Boulevard Suite 1500 Philadelphia, PA 19103 Attorneys for Defendant, Google, Inc. Two forms of Order are provided with this submission. The first proposed form of Order is provided in connection with Google's request that this matter be dismissed without prejudice because Plaintiff, in clear violation of the terms of his contract with Google, initiated the instant action in the wrong forum. The second proposed Order is provided in connection with Google's alternative argument set forth in the attached Memorandum of Law at page 9, where Google requests that in the event that the Amended Complaint is not dismissed, then, at a minimum, Count V of the Amended Complaint, alleging unjust enrichment should be dismissed.
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