STATE OF MINNESOTA

DISTRICT COURT

[____________________] JUDICIAL DISTRICT

COUNTY OF [________________________________]

[PLAINTIFF'S FULL NAME],

Plaintiff,

vs.

Court File No.: [____________________]

[DEFENDANT'S FULL NAME],

Judge: [________________________________]

Defendant.

DEFENDANT'S MOTION TO DISMISS PURSUANT TO

MINN. R. CIV. P. 12.02

NOTE ON TIMING

Pursuant to Minn. R. Civ. P. 12.06, a motion asserting any of the defenses in Rule 12.02(a)-(g) must be made before pleading if a responsive pleading is required. Defendant files this Motion prior to filing a responsive pleading.

A defendant has 20 days after service of the summons and complaint to serve an answer (Minn. R. Civ. P. 12.01). Service of this Motion tolls the deadline to answer until [14] days after notice of the Court's ruling on this Motion.

Hearing: This Motion is set for hearing on [__/__/____] at [____]:[____] ☐ a.m. / ☐ p.m. in Courtroom [____], [________________________________] County Courthouse, [________________________________], Minnesota [________].

Dispositive Motion Requirements — Minn. R. Gen. Prac. 115: This Motion is a dispositive motion subject to the scheduling and briefing requirements of Minn. R. Gen. Prac. 115. The moving party's memorandum of law and supporting documents must be served and filed with the motion. The opposing party's memorandum must be served and filed [____] days before the hearing. Reply memoranda, if any, must be served and filed [____] days before the hearing. [Consult the specific judicial district's local rules for applicable page limits and deadlines.]

GROUNDS FOR MOTION

NOW COMES Defendant, [________________________________] ("Defendant"), by and through counsel, [________________________________], and pursuant to Minn. R. Civ. P. 12.02, respectfully moves this Court to dismiss Plaintiff's Complaint on the following grounds (check all that apply):

☐ Minn. R. Civ. P. 12.02(a) — Lack of subject matter jurisdiction.
This Court lacks subject matter jurisdiction to hear and determine the claims asserted in Plaintiff's Complaint.

☐ Minn. R. Civ. P. 12.02(b) — Lack of personal jurisdiction.
This Court lacks personal jurisdiction over Defendant.

☐ Minn. R. Civ. P. 12.02(c) — Improper venue.
Venue in [________________________________] County is improper under Minn. Stat. § 542.09.

☐ Minn. R. Civ. P. 12.02(d) — Insufficiency of process.
The process issued in this action is legally deficient.

☐ Minn. R. Civ. P. 12.02(e) — Insufficiency of service of process.
Service of process upon Defendant was legally deficient.

☐ Minn. R. Civ. P. 12.02(f) — Failure to state a claim upon which relief can be granted.
Plaintiff's Complaint fails to state a claim upon which relief can be granted.

☐ Minn. R. Civ. P. 12.02(g) — Failure to join a party under Rule 19.
Plaintiff has failed to join a necessary and indispensable party.

☐ Statute of Limitations [raised as affirmative defense]:
Plaintiff's claim is time-barred under the applicable Minnesota statute of limitations.

STATEMENT OF FACTS

1. Plaintiff [________________________________] filed the Complaint in this action on [__/__/____].

2. Defendant was served with the Summons and Complaint on [__/__/____].

3. Defendant's answer is currently due on [__/__/____] (20 days after service), subject to the tolling effect of this Motion.

4. [________________________________]

5. [________________________________]

6. [________________________________]

7. [________________________________]

MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

I. LEGAL STANDARD — MINNESOTA NOTICE PLEADING AND RULE 12.02(f)

Minnesota follows a notice pleading standard under Minn. R. Civ. P. 8.01, which requires only "a short and plain statement of the claim showing that the pleader is entitled to relief." Minnesota's pleading standard is less demanding than the federal pleading standard articulated in Twombly and Iqbal; Minnesota has not adopted those federal standards. Walsh v. U.S. Bank, N.A., 851 N.W.2d 598, 601 (Minn. 2014).

On a motion to dismiss under Minn. R. Civ. P. 12.02(f), the Court considers only the facts alleged in the complaint, which must be accepted as true and construed in the light most favorable to the plaintiff. Bahr v. Capella Univ., 788 N.W.2d 76, 80 (Minn. 2010). Dismissal is appropriate only when it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist that would support granting the relief demanded. Id.

However, despite Minnesota's liberal notice pleading standard, conclusory allegations of law and unwarranted inferences need not be accepted as true. In re Milk Products Antitrust Litig., 195 F.3d 430, 435 (8th Cir. 1999). A complaint must allege sufficient facts to put the defendant on notice of the nature of the claim.

II. ARGUMENT

A. LACK OF SUBJECT MATTER JURISDICTION — Minn. R. Civ. P. 12.02(a)

[Complete this section if asserting Rule 12.02(a) ground.]

Subject matter jurisdiction is a threshold requirement that may be raised at any time. Minnesota District Courts are courts of general jurisdiction, but subject matter jurisdiction may be lacking because:

☐ This claim falls within the exclusive jurisdiction of an administrative agency: [________________________________].

☐ Federal law grants exclusive jurisdiction over this type of claim to federal courts: [________________________________].

☐ This claim is moot because [________________________________].

☐ Plaintiff lacks standing to bring this action because Plaintiff has not suffered a cognizable injury sufficient to confer standing under Minnesota law.

☐ Other: [________________________________].

[Develop factual and legal argument: ________________________________]

B. LACK OF PERSONAL JURISDICTION — Minn. R. Civ. P. 12.02(b)

[Complete this section if asserting Rule 12.02(b) ground.]

Personal jurisdiction over a nonresident defendant is governed by Minnesota's long-arm statute, Minn. Stat. § 543.19, which authorizes jurisdiction over nonresidents who, personally or through an agent: (a) transact any business in Minnesota; (b) commit a tort in whole or in part in Minnesota; (c) own, use, or possess real property in Minnesota; or (d) contract to supply services or goods in Minnesota.

Even if the long-arm statute applies, due process requires that the defendant have "minimum contacts" with Minnesota such that requiring the defendant to defend here does not offend traditional notions of fair play and substantial justice. Int'l Shoe Co. v. Washington, 326 U.S. 310 (1945); Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985).

Defendant is a resident of [________________________________] and:

☐ Does not transact business in Minnesota.
☐ Did not commit any tortious act or omission in Minnesota.
☐ Does not own, use, or possess real property in Minnesota.
☐ Has not contracted to supply services or goods in Minnesota.
☐ Has no purposeful availment of the privileges of conducting activities in Minnesota.
☐ Has insufficient contacts with Minnesota to satisfy due process.

Specific facts establishing lack of personal jurisdiction: [________________________________]

[Cite to Defendant's supporting affidavit: Exhibit [____]]

C. IMPROPER VENUE — Minn. R. Civ. P. 12.02(c)

[Complete this section if asserting Rule 12.02(c) ground.]

Venue in [________________________________] County is improper under Minn. Stat. § 542.09, which provides that venue in civil actions lies in the county where: (a) the cause of action arose; (b) any defendant resides when the action is commenced; or (c) for a corporate defendant, where its principal place of business is located.

Venue is improper in [________________________________] County because:

☐ Defendant resides in [________________________________] County, not [________________________________] County.
☐ The cause of action arose in [________________________________] County, not [________________________________] County.
☐ Defendant's principal place of business is located in [________________________________] County, not [________________________________] County.
☐ Other: [________________________________].

The proper venue for this action is [________________________________] County. Defendant requests that the Court either dismiss this action or transfer it to the proper county pursuant to Minn. Stat. § 542.11.

D. INSUFFICIENCY OF PROCESS OR SERVICE — Minn. R. Civ. P. 12.02(d) and (e)

[Complete this section if asserting Rule 12.02(d) or (e) ground.]

Process (Rule 12.02(d)): The Summons in this action is defective because:

☐ The Summons fails to comply with the requirements of Minn. R. Civ. P. 4.01(a).
☐ The Summons does not contain the required notice provisions.
☐ Other: [________________________________].

Service of Process (Rule 12.02(e)): Service was defective because:

☐ Plaintiff failed to serve Defendant within the time period required by Minn. R. Civ. P. 4.04.

☐ Service was not effected by an authorized method under Minn. R. Civ. P. 4.03. Proper service upon an individual requires personal service, substitute service at defendant's usual place of abode, or service upon an authorized agent.

☐ Plaintiff attempted to serve Defendant by [________________________________], which does not constitute valid service under Minnesota law.

☐ The person who was served is not authorized to accept service on behalf of Defendant.

☐ Other defect: [________________________________].

Because Defendant was never properly served, this Court has not acquired jurisdiction over Defendant, and the Complaint must be dismissed.

E. FAILURE TO STATE A CLAIM — Minn. R. Civ. P. 12.02(f)

[Complete this section if asserting Rule 12.02(f) ground.]

Even accepting all of Plaintiff's well-pleaded allegations as true, Plaintiff's Complaint fails to state a claim upon which relief can be granted because:

☐ Legally Insufficient Claims: Plaintiff's claim for [________________________________] is not a cognizable cause of action under Minnesota law.

☐ Failure to Allege Essential Elements: Plaintiff's claim for [________________________________] requires proof of the following elements:
1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
Plaintiff's Complaint fails to allege element(s) [____] because [________________________________].

☐ Absolute Privilege/Immunity: Plaintiff's claims are barred by [________________________________] privilege/immunity because [________________________________].

☐ Applicable Statute Forecloses Relief: [________________________________] precludes the relief Plaintiff seeks because [________________________________].

☐ Pleading Fails to Give Notice: Despite Minnesota's liberal notice pleading standard, the Complaint is so vague and ambiguous that Defendant cannot reasonably prepare a defense, warranting dismissal or a more definite statement under Minn. R. Civ. P. 12.05.

[Detailed argument: ________________________________]

F. STATUTE OF LIMITATIONS

[Complete this section if raising a statute of limitations defense. Note: Under Minnesota law, a statute of limitations defense is an affirmative defense that must generally be pleaded in the answer but may also be raised in a pre-answer motion if the bar is apparent on the face of the complaint.]

Plaintiff's claim for [________________________________] is barred by the applicable statute of limitations. The relevant limitation period and accrual date are:

Cause of Action: [________________________________]

Applicable Limitation Period: [____] years / months
(Common Minnesota limitation periods: Contract claims — Minn. Stat. § 541.05, subd. 1(1): 6 years; Tort claims — Minn. Stat. § 541.05, subd. 1(5): 6 years; Personal injury — Minn. Stat. § 541.07(1): 2 years; Medical malpractice — Minn. Stat. § 541.07(1): 4 years; Fraud — Minn. Stat. § 541.05, subd. 1(6): 6 years; Written contracts — Minn. Stat. § 541.05, subd. 1(1): 6 years.)

Date of Accrual: [__/__/____]
(Under Minnesota law, a claim generally accrues when the plaintiff knows or should know of the injury and its cause.)

Limitations Period Expired: [__/__/____]

Date Complaint Filed: [__/__/____]

Plaintiff filed the Complaint [____] days/months/years after the applicable limitations period expired. Accordingly, Plaintiff's claims are time-barred and must be dismissed.

III. CONCLUSION

For the foregoing reasons, Defendant respectfully requests that this Court grant this Motion to Dismiss and dismiss Plaintiff's Complaint in its entirety, with prejudice, and award Defendant its costs and attorney fees as permitted by law.

PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Grant Defendant's Motion to Dismiss pursuant to Minn. R. Civ. P. 12.02;

2. Dismiss Plaintiff's Complaint in its entirety, with prejudice;

3. Award Defendant its costs and disbursements pursuant to Minn. Stat. § 549.04;

4. Award Defendant attorney fees to the extent permitted by law or court rule;

5. Grant such other and further relief as this Court deems just and equitable.

CERTIFICATION UNDER MINN. R. CIV. P. 11

I certify that to the best of my knowledge, information, and belief, formed after reasonable inquiry, the facts set forth in this Motion and Memorandum are warranted by the evidence, the legal contentions are warranted by existing law or by a nonfrivolous argument for extension, modification, or reversal of existing law, and this Motion is not filed for an improper purpose.

SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]

By: ___________________________________________
[Attorney Name]
Minnesota Bar No.: [____________________]
[Law Firm Name]
[Street Address]
[City, Minnesota ZIP]
Telephone: ([____]) [____]-[________]
Facsimile: ([____]) [____]-[________]
Email: [________________________________]
Attorney for Defendant [________________________________]

Dated: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], the foregoing Motion to Dismiss, Memorandum of Law in Support, and all exhibits were served upon the following counsel/parties:

[Name of Plaintiff's Counsel / Plaintiff Pro Se]
[Firm Name]
[Street Address]
[City, State ZIP]

by the following method(s):

☐ Electronic service through the Minnesota eCourts electronic filing and service system
☐ First-class U.S. mail, postage prepaid, deposited in the United States mail
☐ Hand delivery
☐ Electronic mail, with consent: [________________________________]
☐ Other: [________________________________]

___________________________________________
[Attorney Name]
Minnesota Bar No.: [____________________]
Dated: [__/__/____]

SOURCES AND REFERENCES

• Minnesota Rules of Civil Procedure, Rule 12: https://www.revisor.mn.gov/court_rules/cp/id/12/
• Minnesota General Rules of Practice, Rule 115 (Motion Practice): https://www.revisor.mn.gov/court_rules/gp/id/115/
• Minnesota Long-Arm Statute, Minn. Stat. § 543.19: https://www.revisor.mn.gov/statutes/cite/543.19
• Minnesota Venue Statute, Minn. Stat. § 542.09: https://www.revisor.mn.gov/statutes/cite/542.09
• Minnesota Statutes of Limitation, Minn. Stat. § 541.01 et seq.: https://www.revisor.mn.gov/statutes/cite/541
• Minnesota eCourts e-filing: https://mncourts.gov/
• Bahr v. Capella Univ., 788 N.W.2d 76 (Minn. 2010)
• Walsh v. U.S. Bank, N.A., 851 N.W.2d 598 (Minn. 2014)