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Sample Motion To Dismiss Under Rule 12 (B) (2) in United States District Court
Sample Motion To Dismiss Under Rule 12 (B) (2) in United States District Court
Any Street
2 Any Town, CA 55555
3 714-555-5555
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NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF JURISDICTION
1 TO PLAINTIFF, _______________ AND HIS ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom of the above-entitled
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Court located at ___________________________, Defendant _________ will move this Court for an
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Order dismissing the complaint.
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This Motion will be made on the grounds of lack of personal jurisdiction under the provisions
7 of Federal Rule of Civil Procedure 12(b)(2) in that Defendant _________________ is not a resident
8 of, and does not conduct business in, the State of _________ and has no substantial contacts with the
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State of ______________.
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This Motion shall be based upon this Notice, the attached Memorandum of Points and
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Authorities, the attached declaration of __________, the complete files and records of this action and
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Dated_________________________ _______________________________________
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NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF JURISDICTION
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Describe the case and the parties and list the causes of action of the complaint.
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Defendant contends that the complaint should be dismissed pursuant to the provisions of
7 Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction in that Defendant
8 _________________ is not a resident of, and does not conduct business in, the State of _________
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and has no substantial contacts with the State of ______________ as shown by the declaration of
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_______________________.
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NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF JURISDICTION