BabyAge..com, Inc. v. Leachco, Inc.

Filing 30

MOTION to Dismiss by Leachco. (Attachments: # 1 Proposed Order)(Peterson, Gary)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA BABYAGE.COM, INC., Plaintiff-Counterclaim Defendant, v. LEACHCO, INC., Defendant-Counterclaim Plaintiff, an d JAMIE S. LEACH, Counterclaim Plaintiff, v. JOHN M. KIEFER, JR., Counterclaim Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 3:07-cv-01600-ARC (Judge A. Richard Caputo) (electronically filed)

MOTION TO DISMISS BY THIRD PARTY PLAINTIFF LEACHCO, INC. The Third Party Plaintiff Leachco, Inc. moves, pursuant to Rules 12(b)1() and 12(b)(6), Federal Rules of Civil Procedure, to dismiss the Counterclaim of Third Party Defendant John M. Kiefer, Jr., filed February 1, 2008 (Doc. 25 at 5-20), for lack of standing. The grounds for this Motion are explained in the accompanying Brief. The undersigned counsel certifies that he conferred by telephone with Dr. Andrew J. Katsock, III, counsel for Third Party Defendant John M. Kiefer, Jr. and sought his client's concurrence in the instant Motion. Such concurrence was not secured.

1

Respectfully submitted, s/ Gary Peterson Gary Peterson OK 7068 211 N. Robinson Ave., Suite 450 South Oklahoma City, OK 73102 telephone: [phone] fax: [phone] email: [e-mail] Sean V. Kemether PA 70816 Kelly Grimes Pietrangelo & Vakil, P.C. P.O. Box 1048 Media, PA 19063-0848 telephone: [phone] fax: [phone] email: [e-mail] Attorneys for Third Party Plaintiff Leachco, Inc.

2

CERTIFICATE OF SERVICE I certify that I electronically transmitted this document to the Clerk using the ECF System so as to cause transmittal of a Notice of a Electronic Filing to the following ECF registrant: Andrew J. Katsock, III Attorney for Babyage.com, Inc. and John M. Kiefer, Jr., on February 19, 2008.

s/ Gary Peterson