State Court Motion to Dismiss

DEFENDANT'S MOTION TO DISMISS

(State of Alaska — Superior Court)

TABLE OF CONTENTS

1. Caption
2. Notice of Motion and Hearing
3. Motion to Dismiss

4. Memorandum of Law in Support
   4.1 Procedural Background
   4.2 Statement of Facts
   4.3 Legal Standards
   4.4 Argument

5. Request for Oral Argument

6. Conclusion
7. Certificate of Service
8. Exhibit A — Proposed Form of Order

1. CAPTION

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[FIRST / THIRD / FOURTH] JUDICIAL DISTRICT AT [________________]

[PLAINTIFF NAME], Plaintiff,

v. — Case No. [________________]

[DEFENDANT NAME], Defendant.

Hearing Date: [________________]
Hearing Time: [________________]
Courtroom: [________________]
Judge: Hon. [________________]

2. NOTICE OF MOTION AND HEARING

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD

PLEASE TAKE NOTICE that on [Hearing Date] at [Hearing Time], or as soon thereafter as the matter may be heard, in [Courtroom] of the above-entitled court, located at [Courthouse Address, City, Alaska], before the Honorable [Judge Name], Defendant [Defendant Name] ("Defendant") will, and hereby does, move this Court for an order dismissing the [Complaint / Amended Complaint] (the "Complaint") filed by Plaintiff [Plaintiff Name] ("Plaintiff") pursuant to Alaska R. Civ. P. 12(b), on the following grounds:

1. Lack of subject-matter jurisdiction (Rule 12(b)(1));
2. Lack of personal jurisdiction (Rule 12(b)(2));
3. Improper venue (Rule 12(b)(3));
4. Insufficiency of process (Rule 12(b)(4));
5. Insufficiency of service of process (Rule 12(b)(5));
6. Failure to state a claim upon which relief can be granted (Rule 12(b)(6)); and/or
7. Failure to join a party under Rule 19 (Rule 12(b)(7)).

The motion is based on this Notice, the accompanying Memorandum of Law, the pleadings and records on file in this action, and any further evidence or argument that may be presented at or before the hearing.

DATED: [________________]

Respectfully submitted,

[FIRM NAME]

By: ______________________________
[ATTORNEY NAME]
[ALASKA BAR NO. ________________]
[FIRM ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE] | [EMAIL]
Attorneys for Defendant [Defendant Name]

3. MOTION TO DISMISS

Defendant [Defendant Name] ("Defendant"), by and through undersigned counsel, respectfully moves this Court pursuant to Alaska R. Civ. P. 12(b)([________________]) for an order dismissing the [Complaint / Amended Complaint] (the "Complaint") filed by Plaintiff [Plaintiff Name] ("Plaintiff"). In support of this Motion, Defendant relies upon the accompanying Memorandum of Law filed herewith.

4. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS

4.1 Procedural Background

1. Plaintiff filed the Complaint on [Date], asserting claims for [briefly describe claims].
2. Defendant was served on [Date of Service].
3. No responsive pleading is due until [calculate deadline per Alaska R. Civ. P. 12(a) — 20 days after service].
4. This Motion is timely filed in lieu of an Answer pursuant to Alaska R. Civ. P. 12(b).

4.2 Statement of Facts

For purposes of this Motion only, Defendant summarizes the non-conclusory factual allegations in the Complaint and any documents integral thereto.

4.3 Legal Standards

A. Motion Practice

Alaska motion practice is governed by Alaska R. Civ. P. 77. Under Rule 77(c), the non-moving party must serve any opposition within 10 days after service of the motion, and the moving party may serve a reply within 3 days after service of the opposition, unless otherwise ordered.

B. Rule 12(b)(1) — Lack of Subject-Matter Jurisdiction

The burden rests with Plaintiff to establish that the Court has subject-matter jurisdiction. The Court may consider facts outside the pleadings when resolving a jurisdictional challenge. See Alaska R. Civ. P. 12(b)(1).

C. Rule 12(b)(2) — Lack of Personal Jurisdiction

Plaintiff bears the burden of establishing personal jurisdiction. The Court must determine whether there is a statutory basis for service under Alaska's long-arm statute, AS 09.05.015, and whether the exercise of jurisdiction comports with due process. See Alaska R. Civ. P. 12(b)(2).

D. Rule 12(b)(3) — Improper Venue

Venue in Alaska Superior Court is governed by AS 22.10.030. Defendant may challenge venue by demonstrating that the action was not filed in a proper judicial district.

E. Rule 12(b)(6) — Failure to State a Claim

On a motion to dismiss for failure to state a claim, the Court must accept all well-pleaded factual allegations as true, draw all reasonable inferences in Plaintiff's favor, and determine whether the Complaint states a claim that is plausible on its face. Conclusory allegations and unwarranted inferences are disregarded. See Alaska R. Civ. P. 12(b)(6); Alaska R. Civ. P. 8(a).

4.4 Argument

A. [First Ground for Dismissal]

B. [Second Ground for Dismissal]

C. [Third Ground for Dismissal — if applicable]

5. REQUEST FOR ORAL ARGUMENT

Pursuant to Alaska R. Civ. P. 77(e)(1), Defendant requests oral argument on this Motion and estimates that [________________] minutes will be required. Oral argument is warranted because [state reasons — e.g., complex jurisdictional facts, novel legal issues].

6. CONCLUSION

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the Complaint in its entirety with prejudice;
2. Award Defendant costs and such other relief as the Court deems just and proper; and
3. Enter the Proposed Order attached as Exhibit A.

7. CERTIFICATE OF SERVICE

I hereby certify that on [Date], a true and correct copy of the foregoing Motion to Dismiss and all accompanying papers was served via [TrueFilingAK e-service / hand delivery / first-class mail] upon the following counsel of record:

[Opposing Counsel Name]
[Firm Name]
[Address]
[City, State ZIP]
[Email]

by [☐ U.S. Mail ☐ Hand Delivery ☐ Email ☐ E-Service System].

______________________________
[Attorney Name]
[Alaska Bar No. ________________]

EXHIBIT A — PROPOSED FORM OF ORDER

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[FIRST / THIRD / FOURTH] JUDICIAL DISTRICT AT [________________]

[PLAINTIFF NAME], Plaintiff,

v. — Case No. [________________]

[DEFENDANT NAME], Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

The Court, having reviewed Defendant's Motion to Dismiss, any opposition, the reply, and the entire record, and being fully advised, hereby ORDERS:

1. Defendant's Motion to Dismiss is GRANTED.
2. The Complaint is DISMISSED [WITH / WITHOUT] PREJUDICE.
3. The Clerk shall enter final judgment in favor of Defendant.

IT IS SO ORDERED.

DATED: ______________________________

______________________________
Judge of the Superior Court
[Type or Print Judge's Name]

ADDITIONAL PRACTICE NOTES