PA Advisors, LLC v. Google Inc. et al

Filing 95

MOTION to Dismiss Plaintiff's First Amended Complaint, or in the Alternative, for a More Definate Statement by Yahoo! Inc.. (Attachments: #1 Text of Proposed Order)(Bufe, John)

PA Advisors, LLC v. Google Inc. et al

Doc. 95

Case 2:07-cv-00480-TJW

Document 95

Filed 01/25/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PA ADVISORS, LLC, Plaintiff, v. GOOGLE INC., et al. Defendants. DEFENDANT YAHOO! INC.'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT, OR IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT CASE NO. 2:07-CV-480 (TJW) JURY TRIAL DEMANDED

Defendant Yahoo! Inc. ("Yahoo!") hereby moves, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss the claims against Yahoo! in Plaintiff PA Advisors' First Amended Complaint for the reasons stated in Yahoo!'s opening motion and reply. Dkt. Nos. 33 and 75. In the alternative, Yahoo! hereby moves for a more definite statement of Plaintiff's claims against Yahoo! in the First Amended Complaint, pursuant to Rule 12(e) of the Federal Rules of Civil Procedure, for the reasons stated in Yahoo!'s opening motion and reply. Id. Pursuant to Rule 12(b), Yahoo! files this motion in lieu of an answer and without waiving its right to answer the allegations in the Plaintiff's First Amended Complaint.
Dated: January 25, 2008 Respectfully submitted, /s/ John F. Bufe__________ John F. Bufe

Dockets.Justia.com

Case 2:07-cv-00480-TJW

Document 95

Filed 01/25/2008

Page 2 of 2

Michael E. Jones State Bar No. 10929400 [e-mail] John F. Bufe State Bar No. 03316930 [e-mail] POTTER MINTON 110 N. College, Suite 500 PO Box 359 Tyler, TX 75710 Telephone: [phone] Fax: [phone] Jason C. White [e-mail] Richard D. Watkins [e-mail] Miyoung Shin [e-mail] BRINKS HOFER GILSON & LIONE NBC Tower-Suite 2500 455 N. Cityfront Plaza Dr. Chicago, IL 60611 Telephone: [phone] Fax: [phone] ATTORNEYS FOR YAHOO! INC.

CERTIFICATE OF SERVICE I hereby certify that all counsel of record who have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV5(a)(3) on this the 25TH day of January 2008. Any other counsel of record will be served by first class U.S. mail on this same date.

/s/ John F. Bufe__________ John F. Bufe

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