i.think inc v. Minekey Inc et al

Filing 13

MOTION to Dismiss For Failure to State A Claim by Internet Unlimited LLC with Brief/Memorandum in Support. (O'Neil, Dave)

i.think inc v. Minekey Inc et al

Doc. 13

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION i.think.inc. § § Plaintiff § § v. § § MINEKEY, INC., § DELIP ANDRA, and § INTERNET UNLIMITED, LLC § § Defendants §

Case 3-08CV0163-P

JURY TRIAL DEMANDED

DEFENDANT INTERNET UNLIMITED'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FOR WHICH RELIEF CAN BE GRANTED COMES NOW, INTERNET UNLIMITED, LLC and files this Motion to Dismiss For Failure To State A Claim For Which Relief Can Be Granted and respectfully shows: SUMMARY OF GROUNDS FOR MOTION 1. This motion asks that this case be dismissed because Internet Unlimited is

cited in only one count (III) of Plaintiff's complaint. That count, entitled "Breach of Contract" fails to state a claim for which relief can be granted because it fails to allege at least two elements of a breach of contract claim against Internet Unlimited. 2. The elements of a breach of contract claim in Texas are set forth at the

beginning of the Brief in support of this motion. For the reasons cited in this Motion and the Supporting Brief, Internet Unlimited, requests that Plaintiff's Complaint against Internet Unlimited be dismissed under Rule 12(b)(6), FED. R. CIV. P.

Dockets.Justia.com

Respectfully submitted,

____________________________________ By: David S. O'Neil Attorney-in-Charge O'NEIL & MCCONNELL, PLLC Texas Bar No. 15284715 9001 Forest Crossing Drive, Suite F The Woodlands, Texas 77381 Telephone: [phone] Facsimile: [phone] Email: [e-mail] ATTORNEYS FOR DEFENDANT INTERNET UNLIMITED, LLC CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been forwarded to the below listed party by ECF on March 13, 2008: Mr. Joseph M. Cox Texas State Bar No. 04950200 Mr. Talcott J. Franklin Texas State Bar No. 24010629 Mr. Lawrence R. Youst Texas State Bar No. 00794898 2001 Ross Avenue Suite 3000 Dallas, Texas 75201 Mr. Craig W. Weinlein Texas State Bar No. 21095500 Mr. Berry R. Bell Texas State Bar No. 02068550 Mr. Omar Kilany Texas State Bar No. 024026974 Carrington, Coleman, Sloman & Blumenthal, LLP 901 Main Street Dallas, Texas 75202

David S. O'Neil

Internet Unlimited's Motion to Dismiss, page 2