Motion to Dismiss - Oklahoma

IN THE DISTRICT COURT OF [____________________] COUNTY

STATE OF OKLAHOMA

DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S PETITION

Pursuant to 12 O.S. § 2012(B)

Defendant [________________________________] ("Defendant"), by and through undersigned counsel, respectfully moves this Court pursuant to 12 O.S. § 2012(B) to dismiss Plaintiff's Petition, in whole or in part, on the grounds set forth below. In support thereof, Defendant states as follows:

I. GROUNDS FOR DISMISSAL

Defendant seeks dismissal on the following grounds (check all that apply):

☐ Ground 1: Lack of Subject Matter Jurisdiction — 12 O.S. § 2012(B)(1)
This Court lacks jurisdiction over the subject matter of this action.

☐ Ground 2: Lack of Personal Jurisdiction — 12 O.S. § 2012(B)(2)
This Court lacks jurisdiction over the person of Defendant.

☐ Ground 3: Improper Venue — 12 O.S. § 2012(B)(3)
Venue is improper in this Court.

☐ Ground 4: Insufficiency of Process — 12 O.S. § 2012(B)(4)
The process issued in this action is insufficient.

☐ Ground 5: Insufficiency of Service of Process — 12 O.S. § 2012(B)(5)
Service of process upon Defendant was insufficient.

☐ Ground 6: Failure to State a Claim Upon Which Relief Can Be Granted — 12 O.S. § 2012(B)(6)
The Petition fails to state a claim upon which relief can be granted.

☐ Ground 7: Failure to Join an Indispensable Party — 12 O.S. § 2012(B)(7)
Plaintiff has failed to join a party required under 12 O.S. § 2019.

☐ Ground 8: Another Action Pending — 12 O.S. § 2012(B)(8)
Another action is pending between the same parties for the same claim.

☐ Ground 9: Lack of Capacity of a Party to Be Sued — 12 O.S. § 2012(B)(9)

☐ Ground 10: Lack of Capacity of a Party to Sue — 12 O.S. § 2012(B)(10)

II. STATEMENT OF THE CASE

On or about [__/__/____], Plaintiff filed a Petition in this Court asserting claims of [________________________________] against Defendant. Plaintiff's Petition purports to allege [________________________________].

Defendant was served on [__/__/____]. This Motion is timely filed within [____] days of service of process.

III. MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

A. Legal Standard

Oklahoma is a notice pleading state. 12 O.S. § 2008(A)(1) requires only "a short and plain statement of the claim showing that the pleader is entitled to relief." However, a petition that does not meet even this minimal standard is subject to dismissal under 12 O.S. § 2012(B)(6).

A motion to dismiss for failure to state a claim tests the legal sufficiency of the petition. When ruling on such a motion, this Court must take all well-pleaded factual allegations as true and construe them, along with all reasonable inferences, in favor of the plaintiff. Darrow v. Integris Health, Inc., 2008 OK 1, 176 P.3d 1204. Dismissal is appropriate only where it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim entitling the plaintiff to relief. Id.

Important procedural requirement: Pursuant to 12 O.S. § 2012(B)(6), a motion to dismiss for failure to state a claim must "separately state each omission or defect in the petition." A motion that does not specify such defects or omissions shall be denied without a hearing.

A court may dismiss a claim for two reasons: (1) lack of any cognizable legal theory, or (2) insufficient facts alleged under a cognizable legal theory. Darrow v. Integris Health, Inc., 2008 OK 1, ¶ 7, 176 P.3d 1204, 1208-09.

B. Conversion to Summary Judgment

If matters outside the pleading are presented to and not excluded by the Court on a motion asserting failure to state a claim under § 2012(B)(6), the motion shall be treated as one for summary judgment pursuant to 12 O.S. § 2056, and all parties shall be given reasonable opportunity to present all material pertinent to such motion.

IV. ARGUMENT

A. This Court Lacks Subject Matter Jurisdiction — 12 O.S. § 2012(B)(1)

(Complete this section if Ground 1 is checked)

Subject matter jurisdiction refers to the Court's constitutional and statutory power to adjudicate the type of controversy presented. The Oklahoma Constitution vests district courts with general jurisdiction over civil matters; however, certain claims are subject to administrative exhaustion or exclusive jurisdiction requirements that deprive this Court of authority to hear the case at this stage.

Specifically, this Court lacks subject matter jurisdiction because:

☐ Plaintiff has failed to exhaust administrative remedies required by [________________________________].

☐ Exclusive jurisdiction over this claim is vested in [________________________________] pursuant to [________________________________].

☐ The amount in controversy does not meet the jurisdictional threshold because [________________________________].

☐ Other: [________________________________].

Argument: [________________________________]

Subject matter jurisdiction cannot be waived and may be raised at any stage of the proceedings. This Court must dismiss the action if it lacks subject matter jurisdiction, even if the parties do not raise the issue. The defect alleged here is:

[________________________________]

B. This Court Lacks Personal Jurisdiction Over Defendant — 12 O.S. § 2012(B)(2)

(Complete this section if Ground 2 is checked)

Oklahoma's long-arm statute, 12 O.S. § 2004(F), provides that Oklahoma courts may exercise personal jurisdiction over a person or organization "to the maximum extent permitted by the Due Process Clause of the Fourteenth Amendment to the United States Constitution."

To satisfy due process, a defendant must have "minimum contacts" with Oklahoma such that maintenance of the suit does not offend traditional notions of fair play and substantial justice. International Shoe Co. v. Washington, 326 U.S. 310 (1945).

Defendant lacks the required minimum contacts with Oklahoma because:

☐ Defendant is incorporated in [________________________________] with its principal place of business in [________________________________], and is therefore subject to general jurisdiction only in those states.

☐ Defendant has not purposefully availed itself of the privilege of conducting activities in Oklahoma.

☐ The claims asserted do not arise out of or relate to any contacts Defendant has with Oklahoma.

☐ Exercising jurisdiction would be unreasonable and offend traditional notions of fair play and substantial justice.

Supporting Facts:

[________________________________]

Defendant [________________________________] is a [________________________________] organized under the laws of [________________________________] with its principal place of business located at [________________________________]. Defendant does not maintain offices in Oklahoma, is not registered to do business in Oklahoma, has no agents in Oklahoma, and has not purposefully directed any activities toward Oklahoma. See Declaration of [________________________________], attached hereto as Exhibit A.

C. Venue Is Improper in This Court — 12 O.S. § 2012(B)(3)

(Complete this section if Ground 3 is checked)

Oklahoma venue requirements are governed by 12 O.S. §§ 131-142. Venue must be proper at the time the action is filed.

The applicable venue statute for this type of action is [________________________________], which provides that venue is proper in [________________________________].

Venue is improper in [____________________] County because:

☐ The contract at issue was to be performed in [____________________] County.

☐ Defendant's residence or principal place of business is located in [____________________] County.

☐ The tort was committed in [____________________] County.

☐ The real property at issue is located in [____________________] County.

☐ Other: [________________________________].

Pursuant to 12 O.S. § 140, this Court should transfer this case to the District Court of [____________________] County, or in the alternative, dismiss without prejudice.

D. Process Was Insufficient — 12 O.S. § 2012(B)(4)

(Complete this section if Ground 4 is checked)

Under 12 O.S. § 2004, the summons must conform to specific statutory requirements including identifying the court, the parties, the time within which the defendant must appear, and the plaintiff's attorney's name and address.

The process in this action is deficient in the following respects:

☐ The summons fails to identify the court in which the action is pending.

☐ The summons fails to identify all parties to the action.

☐ The summons fails to state the time within which Defendant must appear and defend.

☐ The summons fails to identify Plaintiff's attorney or provide a contact address.

☐ Other deficiency: [________________________________].

Because the deficiency in process renders it void or voidable, this Court lacks authority to proceed until proper process is issued.

E. Service of Process Was Insufficient — 12 O.S. § 2012(B)(5)

(Complete this section if Ground 5 is checked)

Oklahoma law requires strict compliance with service of process requirements under 12 O.S. § 2004. Proper service of process is a prerequisite to this Court exercising personal jurisdiction over Defendant.

Service upon Defendant was deficient because:

☐ Service was made upon a person not authorized to accept service on behalf of Defendant.

☐ Service was not made within the time required by 12 O.S. § 2004(I).

☐ Substituted service did not comply with the requirements of 12 O.S. § 2004(C)(1)(b).

☐ Service by mail was not properly executed pursuant to 12 O.S. § 2004(C)(2).

☐ Service by publication was not properly effectuated pursuant to 12 O.S. § 2004(C)(4).

☐ Other deficiency: [________________________________].

The plaintiff bears the burden of demonstrating valid service once it is challenged. Because valid service has not been effectuated, this Court lacks personal jurisdiction over Defendant and the Petition should be dismissed.

F. The Petition Fails to State a Claim Upon Which Relief Can Be Granted — 12 O.S. § 2012(B)(6)

(Complete this section if Ground 6 is checked)

Under Oklahoma's notice pleading standard, 12 O.S. § 2008(A)(1), a petition must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Even under this liberal standard, a petition must allege facts sufficient to demonstrate a legally cognizable cause of action.

A motion to dismiss under § 2012(B)(6) will be granted where it appears beyond doubt that the plaintiff can prove no set of facts supporting the requested relief. Darrow v. Integris Health, Inc., 2008 OK 1, 176 P.3d 1204.

Deficiencies in the Petition:

The Petition fails to state a claim because (separately state each deficiency as required by § 2012(B)(6)):

Deficiency No. 1: [________________________________]

The Petition alleges [________________________________] but fails to allege [________________________________], which is an essential element of the claim. Without this allegation, Plaintiff cannot establish [________________________________].

Deficiency No. 2 (if applicable): [________________________________]

The Petition alleges [________________________________] but fails to allege [________________________________], which is required to establish [________________________________].

Deficiency No. 3 (if applicable): [________________________________]

1. Count [____] — [________________________________] — Fails to State a Claim

To state a claim for [________________________________] under Oklahoma law, Plaintiff must allege: (1) [________________________________]; (2) [________________________________]; (3) [________________________________]; and (4) [________________________________]. See [________________________________].

The Petition fails to adequately allege element [____] because: [________________________________].

2. Count [____] — [________________________________] — Fails to State a Claim

(Repeat as necessary for each count)

[________________________________]

3. Statute of Limitations

☐ In addition, the claims asserted by Plaintiff are barred by the applicable statute of limitations.

The statute of limitations applicable to this claim is [____] years under 12 O.S. § [________________________________]. The cause of action accrued on [__/__/____], when [________________________________]. Plaintiff's Petition was not filed until [__/__/____], which is [________________________________] after expiration of the limitations period.

The applicable statute of limitations is:

☐ 12 O.S. § 95(A)(1) — 5 years (written contract)
☐ 12 O.S. § 95(A)(2) — 3 years (oral contract or statutory liability)
☐ 12 O.S. § 95(A)(3) — 2 years (personal injury, fraud)
☐ 12 O.S. § 95(A)(4) — 1 year (libel, slander, malicious prosecution)
☐ Other: [________________________________]

G. Failure to Join an Indispensable Party — 12 O.S. § 2012(B)(7)

(Complete this section if Ground 7 is checked)

12 O.S. § 2019 governs required joinder of parties. A party is required to be joined if:

(1) Complete relief cannot be accorded among those already parties without the absent party; or

(2) The absent party claims an interest relating to the subject of the action, and disposing of the action without that party may either impair or impede the party's ability to protect that interest, or leave existing parties subject to substantial risk of incurring double, multiple, or otherwise inconsistent obligations.

The following party has not been joined but must be joined under § 2019:

Name: [________________________________]

Why joinder is required: [________________________________]

Whether joinder is feasible: ☐ Yes ☐ No

If joinder is not feasible because: ☐ The party is not subject to personal jurisdiction; ☐ Joinder would deprive the court of subject matter jurisdiction; ☐ Other: [________________________________]

Then in equity and good conscience, this action cannot proceed without that party and must be dismissed.

H. Another Action Is Pending Between the Same Parties — 12 O.S. § 2012(B)(8)

(Complete this section if Ground 8 is checked)

Another action, Case No. [____________________], involving the same parties and the same claim(s), is currently pending in [________________________________]. Because the same claim between the same parties is already before another court, this action should be dismissed or stayed.

I. Lack of Capacity to Be Sued — 12 O.S. § 2012(B)(9)

(Complete this section if Ground 9 is checked)

Defendant [________________________________] lacks the legal capacity to be sued in this action because [________________________________].

J. Lack of Capacity to Sue — 12 O.S. § 2012(B)(10)

(Complete this section if Ground 10 is checked)

Plaintiff [________________________________] lacks the legal capacity to sue in this action because [________________________________].

V. NOTICE OF SPECIAL PLEADING REQUIREMENTS

Pursuant to 12 O.S. § 2012(B)(6), this Motion separately states each alleged omission or defect in the Petition. Specifically, the following defects or omissions are identified:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]

VI. E-FILING INFORMATION

Electronic filing of district-court civil documents in Oklahoma is available through the OSCN E-Filing Portal (Oklahoma Unified Case Management System), operated by the Administrative Office of the Courts. Implementation is phased on a county-by-county basis, and e-filing is not yet mandatory or available in every Oklahoma county; counsel should confirm whether the county of filing has implemented electronic filing and whether it is mandatory for this case type before relying on it, and otherwise file in the conventional paper manner. ☐ This Motion is being e-filed through the OSCN E-Filing Portal. ☐ This Motion is being filed conventionally in paper form.

Electronic service of subsequent filings on other parties (as distinct from e-filing with the court) is permitted only where all parties have given written consent under 12 O.S. § 2004.5; it does not substitute for personal or statutorily authorized service of the initial summons and Petition.

Case Number: [________________________________]

VII. BRIEFING SCHEDULE

Pursuant to Oklahoma District Court Rules and local rules of this Court:

• This Motion is filed on [__/__/____].
• Plaintiff's Response is due within [____] days of service of this Motion.
• Defendant's Reply, if any, is due within [____] days of service of Plaintiff's Response.
• Oral argument: ☐ Requested ☐ Not requested

VIII. PRAYER FOR RELIEF

WHEREFORE, Defendant [________________________________] respectfully requests that this Court:

1. GRANT this Motion to Dismiss in its entirety;

2. DISMISS Plaintiff's Petition with prejudice as to all counts and claims asserted therein;

— OR, in the alternative —

3. DISMISS the following specific counts without prejudice:
   Count(s) [________________________________] for the following reasons: [________________________________];

4. ☐ DISMISS with prejudice the claims that are barred by the statute of limitations;

5. ☐ TRANSFER venue to the District Court of [____________________] County in lieu of dismissal;

6. AWARD Defendant its reasonable attorneys' fees and costs incurred in connection with this Motion pursuant to [________________________________]; and

7. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

[________________________________]
Attorney Name: [________________________________]
Oklahoma Bar Number: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
[________________________________]
Telephone: ([____]) [____]-[________]
Facsimile: ([____]) [____]-[________]
Email: [________________________________]

Attorney for Defendant [________________________________]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], a true and correct copy of the foregoing Defendant's Motion to Dismiss was served upon the following parties by the method(s) indicated:

Counsel for Plaintiff:

Name: [________________________________]
Firm: [________________________________]
Address: [________________________________]
[________________________________]

Method of Service:

☐ Electronic service through the OSCN E-Filing Portal (where implemented and all parties have consented under 12 O.S. § 2004.5)
☐ U.S. Mail, first-class postage prepaid
☐ Hand delivery
☐ Email (with consent): [________________________________]
☐ Overnight courier

[________________________________]
[________________________________]
Certifying Attorney

EXHIBIT LIST

The following exhibits are attached to and incorporated into this Motion:

☐ Exhibit A — Declaration of [________________________________] in Support of Motion to Dismiss for Lack of Personal Jurisdiction

☐ Exhibit B — [________________________________]

☐ Exhibit C — [________________________________]

☐ Exhibit D — [________________________________]

SOURCES AND REFERENCES

• Oklahoma Statutes Title 12 (Civil Procedure): https://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKST12&level=1
• 12 O.S. § 2012: https://law.justia.com/codes/oklahoma/title-12/section-12-2012/
• Oklahoma State Courts Network (OSCN) e-filing: https://www.oscn.net
• Oklahoma Bar Association — Civil Procedure Resources: https://www.okbar.org
• Oklahoma Supreme Court Rules: https://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKCSUP&level=1

Note: 12 O.S. § 2012(B) enumerates ten defenses that may be raised by motion: (1) lack of subject-matter jurisdiction, (2) lack of personal jurisdiction, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim, (7) failure to join a party under Section 2019, (8) another action pending between the same parties for the same claim, (9) lack of capacity of a party to be sued, and (10) lack of capacity of a party to sue. This template addresses all ten. Oklahoma's answer deadline after service is 20 days (12 O.S. § 2012(A)). A motion to dismiss under § 2012(B)(1) for lack of subject matter jurisdiction may be raised at any time during the litigation, including on appeal, because subject-matter jurisdiction cannot be waived. Under § 2012(E), a party who omits from its first motion a defense or objection then available under § 2012(B) generally may not raise that omitted defense in a later motion, subject to the limited exceptions stated in § 2012(F)-(G). Always consult the local rules of the specific district court for any page limits, hearing requirements, or special procedures, and confirm whether e-filing has been implemented in that county.