Motion to Dismiss

IN THE [____________________] COURT OF [____________________] COUNTY, TENNESSEE

[At [________________________________], Tennessee]

[________________________________], )
)
Plaintiff, ) Docket No. [____________________]
)
v. ) DEFENDANT'S MOTION TO DISMISS
)
[________________________________], )
)
Defendant. )

DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT

Pursuant to Rule 12.02 of the Tennessee Rules of Civil Procedure

Defendant [________________________________] ("Defendant"), by and through undersigned counsel, respectfully moves this Court pursuant to Rule 12.02 of the Tennessee Rules of Civil Procedure to dismiss Plaintiff's Complaint, in whole or in part, for the grounds set forth below and in the accompanying Memorandum of Law.

I. GROUNDS FOR DISMISSAL

Defendant seeks dismissal on the following grounds under Tenn. R. Civ. P. 12.02 (check all that apply):

☐ Rule 12.02(1): Lack of Jurisdiction Over the Subject Matter
This Court lacks jurisdiction over the subject matter of this action.

☐ Rule 12.02(2): Lack of Jurisdiction Over the Person
This Court lacks personal jurisdiction over Defendant.

☐ Rule 12.02(3): Improper Venue
Venue is improper in this Court.

☐ Rule 12.02(4): Insufficiency of Process
The process issued in this action is insufficient.

☐ Rule 12.02(5): Insufficiency of Service of Process
Service of process upon Defendant was insufficient.

☐ Rule 12.02(6): Failure to State a Claim Upon Which Relief Can Be Granted
The Complaint fails to state a claim upon which relief can be granted.

☐ Rule 12.02(7): Failure to Join a Party Required Under Rule 19
Plaintiff has failed to join an indispensable party under Tenn. R. Civ. P. 19.

II. STATEMENT OF THE CASE

On or about [__/__/____], Plaintiff filed this Complaint in the [____________________] Court of [____________________] County, Tennessee, asserting claims of [________________________________] against Defendant. Plaintiff's Complaint purports to allege [________________________________].

Defendant was served on [__/__/____]. Under Tenn. R. Civ. P. 12.01, Defendant has 30 days from service to answer or otherwise respond to the Complaint. This Motion is timely filed.

III. MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

A. Tennessee Pleading Standard

Tennessee employs a notice pleading standard. Under Tenn. R. Civ. P. 8.01, a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Tennessee follows the "simplified notice pleading" approach and does not require detailed factual recitations.

However, Tennessee courts have clarified that while the standard is liberal, bare legal conclusions couched as facts are not accepted as true on a motion to dismiss. A plaintiff must allege "more than labels and conclusions."

B. Standard for a Rule 12.02(6) Motion

Under Tennessee Rule 12.02(6), a motion to dismiss for failure to state a claim is determined on the face of the complaint. Doe v. Sundquist, 2 S.W.3d 919, 922 (Tenn. 1999).

The motion tests only whether the complaint states a cause of action upon which relief may be granted. The Court must:

1. Take as true all material allegations contained in the complaint;
2. Construe averments liberally in favor of the pleader;
3. Determine whether the complaint states "a cause of action upon which relief may be granted."

Leach v. Taylor, 124 S.W.3d 87, 92 (Tenn. 2004). A complaint should not be dismissed for failure to state a claim "unless it appears beyond a reasonable doubt that the complainant can prove no set of facts in support of the claim that would entitle the complainant to relief." Lanius v. Household Finance Corp., 181 S.W.3d 566 (Tenn. Ct. App. 2005).

The Court may only consider the facts alleged in the complaint and exhibits attached thereto. If matters outside the pleadings are presented and not excluded by the Court, the motion shall be treated as one for summary judgment under Tenn. R. Civ. P. 56.

C. Tennessee-Specific Considerations

Healthcare Liability Claims: Actions alleging healthcare liability in Tennessee are governed by the Tennessee Healthcare Liability Act (THLA), T.C.A. § 29-26-101 et seq. Pre-suit notice requirements under T.C.A. § 29-26-121 are strict prerequisites; failure to comply with these requirements subjects the complaint to dismissal.

Governmental Entities: Actions against the State of Tennessee must comply with the Tennessee Claims Commission Act, T.C.A. § 9-8-301 et seq. Actions against county and municipal governments are subject to the Tennessee Governmental Tort Liability Act (GTLA), T.C.A. § 29-20-101 et seq.

IV. ARGUMENT

A. This Court Lacks Subject Matter Jurisdiction — Rule 12.02(1)

(Complete this section if Ground 1 is checked)

Tennessee trial courts of general jurisdiction include circuit courts and chancery courts. Jurisdiction over certain matters is vested exclusively in other forums.

This Court lacks subject matter jurisdiction because:

☐ This is a healthcare liability claim and Plaintiff has failed to comply with the pre-suit notice requirements of T.C.A. § 29-26-121, which are a condition precedent to the Court's jurisdiction.

☐ This claim is subject to the exclusive jurisdiction of the Tennessee Workers' Compensation Courts under T.C.A. § 50-6-225.

☐ This claim must be brought before the Tennessee Claims Commission under T.C.A. § 9-8-301 et seq. because it is a claim against the State of Tennessee.

☐ This claim involves a federal question within the exclusive jurisdiction of the federal courts.

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

☐ The [________________________________] has exclusive original jurisdiction over this type of claim under T.C.A. § [________________________________].

☐ Other: [________________________________].

Specific facts supporting this ground:

[________________________________]

Subject matter jurisdiction may be raised at any time and cannot be waived. Northland Insurance Co. v. State, 33 S.W.3d 727 (Tenn. 2000).

B. This Court Lacks Personal Jurisdiction — Rule 12.02(2)

(Complete this section if Ground 2 is checked)

Tennessee's long-arm statute, T.C.A. § 20-2-214, authorizes Tennessee courts to exercise personal jurisdiction over nonresident defendants on specified grounds, provided that the exercise of jurisdiction is consistent with the due process requirements of the Fourteenth Amendment.

T.C.A. § 20-2-214(a) enumerates bases for personal jurisdiction, including:
(1) transaction of any business within the state;
(2) any tortious act or omission within the state;
(3) the ownership or possession of any real property within the state;
(4) contracting to insure any person, property, or risk located within the state;
(5) entering into a contract for services to be rendered or goods to be delivered in the state;
(6) any action of direct solicitation of business within the state.

Tennessee courts also recognize the constitutional standards of International Shoe Co. v. Washington, 326 U.S. 310 (1945), and the Fourteenth Amendment.

Defendant lacks the required contacts with Tennessee because:

☐ Defendant is not incorporated in Tennessee and does not have its principal place of business in Tennessee. Defendant is therefore not subject to general jurisdiction in Tennessee.

☐ Defendant has not transacted business in Tennessee in connection with these claims.

☐ Defendant has not committed a tortious act in Tennessee.

☐ Defendant has not contracted to provide services or goods in Tennessee related to the claims at issue.

☐ Defendant has not purposefully directed its activities toward Tennessee.

☐ The claims do not arise out of or relate to any of Defendant's contacts with Tennessee.

☐ Exercising jurisdiction would not comport with fair play and substantial justice.

Supporting Facts:

Defendant [________________________________] is a [________________________________] organized under the laws of [________________________________] with its principal place of business at [________________________________]. Defendant [________________________________]. See Declaration of [________________________________], attached hereto as Exhibit A.

C. Venue Is Improper — Rule 12.02(3)

(Complete this section if Ground 3 is checked)

Tennessee venue statutes are found at T.C.A. § 20-4-101 et seq.

Under T.C.A. § 20-4-101(a), civil actions shall be brought in the county where the defendant resides or is found, if that county is within Tennessee. Under T.C.A. § 20-4-104, contract actions may be brought in the county where the contract was to be performed.

Venue is improper in [____________________] County because:

☐ Defendant does not reside and cannot be found in [____________________] County, Tennessee.

☐ The cause of action did not arise in [____________________] County.

☐ The contract was to be performed in [____________________] County, not [____________________] County.

☐ The real property at issue is located in [____________________] County. T.C.A. § 20-4-101.

☐ Defendant's principal office or registered agent is located in [____________________] County. T.C.A. § 20-4-103.

☐ Other: [________________________________].

Proper venue is [____________________] County because: [________________________________].

D. Process Was Insufficient — Rule 12.02(4)

(Complete this section if Ground 4 is checked)

Under Tenn. R. Civ. P. 4, a summons must be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, state the name and address of the plaintiff's attorney or the plaintiff pro se, state the time within which the defendant must appear, and give notice of the consequences of failure to appear.

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

☐ The summons was not properly issued or signed by the clerk.

☐ The summons does not bear the seal of the Court.

☐ The summons does not properly identify the parties or the Court.

☐ The summons does not state the time within which Defendant must appear.

☐ The summons does not include the plaintiff's attorney's name and address.

☐ Other deficiency: [________________________________].

E. Service of Process Was Insufficient — Rule 12.02(5)

(Complete this section if Ground 5 is checked)

Tennessee requires strict compliance with service of process requirements under Tenn. R. Civ. P. 4 and T.C.A. § 20-2-215. Proper service is a prerequisite to personal jurisdiction.

Service upon Defendant was deficient because:

☐ Service upon an individual was not made by delivering a copy of the summons and complaint to the individual personally, leaving it at the individual's usual place of abode with a person of suitable age and discretion, or delivering it to an authorized agent. Tenn. R. Civ. P. 4.04(1).

☐ Service upon a corporation was not made upon the registered agent, an officer, or a managing or general agent of the corporation. Tenn. R. Civ. P. 4.04(4).

☐ Service upon a foreign corporation was not properly made in accordance with T.C.A. § 20-2-215.

☐ Service was made by a person not authorized under Tenn. R. Civ. P. 4.01(2).

☐ Service was not made within 90 days of the filing of the complaint as required. Tenn. R. Civ. P. 4.01(3).

☐ Service by mail was not properly executed under Tenn. R. Civ. P. 4.04(10).

☐ Other deficiency: [________________________________].

F. The Complaint Fails to State a Claim — Rule 12.02(6)

(Complete this section if Ground 6 is checked)

Even taking all material allegations in the Complaint as true and construing them liberally in Plaintiff's favor, the Complaint fails to state a claim upon which relief can be granted.

Specific deficiencies in the Complaint:

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

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

The Complaint fails to state this claim because:

Deficiency No. 1: The Complaint alleges "[________________________________]" (Compl. ¶ [____]) but provides no factual basis for this assertion. This bare legal conclusion, unsupported by facts, does not sufficiently state a claim under Tennessee's pleading standard.

Deficiency No. 2: The Complaint fails entirely to allege [________________________________], which is an essential element of [________________________________]. Without an allegation of [________________________________], Plaintiff cannot establish a claim for [________________________________].

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

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

(Repeat as necessary)

[________________________________]

Tennessee Healthcare Liability — Pre-Suit Notice Deficiency

☐ This is a healthcare liability claim subject to the Tennessee Healthcare Liability Act (THLA), T.C.A. § 29-26-101 et seq. Plaintiff has failed to satisfy the mandatory pre-suit notice requirements of T.C.A. § 29-26-121, which is a condition precedent to filing suit. Specifically:

☐ Plaintiff failed to give written notice to each potential defendant at least 60 days prior to filing the complaint, as required by T.C.A. § 29-26-121(a)(1).

☐ Plaintiff failed to attach to the complaint the certificate of good faith required by T.C.A. § 29-26-122.

☐ Other: [________________________________].

Failure to comply with these requirements mandates dismissal. Stevens ex rel. Stevens v. Hickman Community Health Care Services, Inc., 418 S.W.3d 547 (Tenn. 2013).

Statute of Limitations

☐ The face of the Complaint establishes that the claims are time-barred.

The applicable statute of limitations is:

☐ T.C.A. § 28-3-109(a)(3) — 6 years (written contract)
☐ T.C.A. § 28-3-105(3) — 3 years (personal injury / negligence)
☐ T.C.A. § 28-3-105(1) — 3 years (injuries to personal or real property)
☐ T.C.A. § 29-26-116 — 1 year (healthcare liability, extended to 3 years for foreign object cases)
☐ T.C.A. § 28-3-104(a)(1) — 1 year (libel, slander, assault, battery, false imprisonment, seduction)
☐ T.C.A. § 28-3-105(2) — 3 years (fraud or breach of fiduciary duty)
☐ Other: [________________________________]

The cause of action accrued on [__/__/____] when [________________________________]. The Complaint was filed on [__/__/____], which is [________________________________] after the limitations period expired. The face of the Complaint establishes this untimeliness because: [________________________________].

Tennessee generally applies the discovery rule: the statute of limitations begins to run when the plaintiff knows or should have known of the injury and its cause. Shadrick v. Coker, 963 S.W.2d 726 (Tenn. 1998). The discovery rule does not save Plaintiff's claim here because: [________________________________].

G. Failure to Join a Required Party — Rule 12.02(7)

(Complete this section if Ground 7 is checked)

Under Tenn. R. Civ. P. 19.01, a person shall be joined in the action if:

(a) In their absence, complete relief cannot be accorded among the parties; or

(b) They claim an interest relating to the subject of the action and are so situated that the disposition of the action in their absence may impair their ability to protect that interest, or leave existing parties subject to substantial risk of incurring double, multiple, or otherwise inconsistent obligations.

The following person has not been joined but is a required party:

Name: [________________________________]
Relationship to Action: [________________________________]
Reason Joinder Is Required: [________________________________]

Feasibility of Joinder:
☐ Joinder is feasible. Plaintiff should be required to join [________________________________] as a party.
☐ Joinder is not feasible because: [________________________________]. Under Tenn. R. Civ. P. 19.02, in equity and good conscience, this action should not proceed and should be dismissed.

V. E-FILING INFORMATION

This Motion is filed in compliance with Tennessee's electronic filing requirements. Tennessee's statewide e-filing system is administered through the Tennessee Administrative Office of the Courts.

Tennessee Court Case Number: [________________________________]

Electronic filing is available through TN Courts Online (tncourts.gov). Attorneys are encouraged to register for electronic filing and service. Electronic service through the system constitutes valid service.

Local Rules:

[____________________] County has the following additional requirements for motion practice: [________________________________].

VI. BRIEFING SCHEDULE

Pursuant to Tenn. R. Civ. P. and applicable local rules of this Court:

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

VII. PRAYER FOR RELIEF

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

1. GRANT this Motion to Dismiss in its entirety;

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

— OR, in the alternative —

3. DISMISS the following specific counts:
   Count(s) [________________________________] for the following reasons: [________________________________];

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

5. ☐ DISMISS for lack of subject matter jurisdiction, without prejudice to refiling in the appropriate forum;

6. ☐ TRANSFER venue to [____________________] County in lieu of dismissal;

7. ☐ REQUIRE Plaintiff to join [________________________________] as a required party;

8. AWARD Defendant its reasonable attorneys' fees and costs as authorized by applicable law; and

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

Respectfully submitted,

Attorney Name: [________________________________]
Tennessee Board of Professional Responsibility (BPR) 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 all counsel of record and unrepresented parties by the method(s) indicated:

Counsel for Plaintiff:

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

Method of Service:

☐ Electronic service through TN Courts Online / Tennessee e-filing system
☐ U.S. Mail, first-class postage prepaid
☐ Hand delivery
☐ Email (with consent)
☐ Facsimile

[________________________________]
Certifying Attorney / BPR No. [____________________]

EXHIBIT LIST

☐ Exhibit A — Declaration of [________________________________] (personal jurisdiction)
☐ Exhibit B — [________________________________]
☐ Exhibit C — [________________________________]

SOURCES AND REFERENCES

• Tennessee Rules of Civil Procedure Rule 12.02: https://www.tncourts.gov/rules/rules-civil-procedure/1202
• Tennessee Rules of Civil Procedure (full): https://www.tncourts.gov/rules/rules-civil-procedure
• T.C.A. § 28-3-101 et seq. (Statutes of Limitations): https://law.justia.com/codes/tennessee/title-28/chapter-3/
• T.C.A. § 20-2-214 (Long-Arm Statute): https://law.justia.com/codes/tennessee/title-20/chapter-2/
• Tennessee Healthcare Liability Act § 29-26-101: https://law.justia.com/codes/tennessee/title-29/chapter-26/
• Tennessee Administrative Office of the Courts: https://www.tncourts.gov
• Tennessee Courts Online e-filing: https://www.tncourts.gov/services/e-filing

Note: Tennessee's answer deadline is 30 days after service of the summons and complaint under Tenn. R. Civ. P. 12.01. Tenn. R. Civ. P. 12.02 defenses for personal jurisdiction, venue, and insufficiency of process/service are waived if not raised in the first responsive pleading or pre-answer motion. Lack of subject matter jurisdiction may be raised at any time. Tennessee has both Circuit Courts (legal matters) and Chancery Courts (equitable matters) at the trial level, and determining the appropriate court is important. Special rules apply to healthcare liability cases under T.C.A. § 29-26-101 et seq. Local rules of individual counties may impose additional requirements — always consult the local rules before filing. Tennessee also has a Business Court Pilot Program in certain counties.