State Court Motion to Dismiss - District of Columbia

DEFENDANT'S MOTION TO DISMISS

(Superior Court of the District of Columbia — Civil Division)

TABLE OF CONTENTS

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

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

5. Statement of Points and Authorities

6. Rule 12-I Certification of Good-Faith Effort
7. Request for Oral Argument
8. Conclusion
9. Certificate of Service
10. Attachment A — Proposed Order

1. CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION

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

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 Superior Court of the District of Columbia, located at [Courthouse Address, Washington, D.C.], 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 Super. Ct. Civ. R. 12(b), on the following grounds:

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

The motion is based on this Notice, the accompanying Memorandum of Law, Statement of Points and Authorities, 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]
[D.C. 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 Super. Ct. Civ. R. 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 and Statement of Points and Authorities filed herewith.

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

4.1 Introduction

Defendant [Defendant Name] ("Defendant") respectfully moves this Court, pursuant to Super. Ct. Civ. R. 12, to dismiss the Complaint filed by Plaintiff [Plaintiff Name] ("Plaintiff") in its entirety. As set forth below, [summarize grounds — e.g., (i) this Court lacks subject-matter jurisdiction, (ii) Plaintiff failed to effect proper service of process, and (iii) the Complaint fails to state a claim upon which relief can be granted].

4.2 Procedural Background

4.3 Applicable Legal Standards

Rule 12(b)(1) — Subject-Matter Jurisdiction
The Court must dismiss any action over which it lacks jurisdiction. The burden is on the plaintiff to establish jurisdiction. Super. Ct. Civ. R. 12(b)(1).

Rule 12(b)(5) — Insufficient Service of Process
A defendant may move to dismiss where service does not comply with Super. Ct. Civ. R. 4. The plaintiff must file an acknowledgment or proof of service within 60 days of the filing of the complaint or, if an order of publication has been issued, within 60 days from the return date specified in that order, unless the court extends the time for good cause shown. Super. Ct. Civ. R. 4(m)(1)-(2).

Rule 12(b)(6) — Failure to State a Claim
To survive a motion under Rule 12(b)(6), a complaint must contain factual matter sufficient to state a plausible claim for relief. The Court must accept all well-pleaded factual allegations as true and draw all reasonable inferences in the plaintiff's favor, but need not accept legal conclusions couched as factual assertions. Super. Ct. Civ. R. 12(b)(6).

4.4 Argument

A. [First Ground for Dismissal]

B. [Second Ground for Dismissal]

C. [Third Ground for Dismissal — if applicable]

5. STATEMENT OF POINTS AND AUTHORITIES

• Super. Ct. Civ. R. 12(b)(1), (2), (4), (5), (6), (7) — Note: Rule 12(b)(3) (improper venue) does not exist under the District of Columbia's Rule 12(b)
• Super. Ct. Civ. R. 4, 4(m)
• Super. Ct. Civ. R. 12-I
• D.C. Code § [________________]
• [________________]

6. RULE 12-I CERTIFICATION OF GOOD-FAITH EFFORT

Pursuant to Super. Ct. Civ. R. 12-I(a), the undersigned counsel certifies that the good-faith conferral requirement does not apply to this Motion to Dismiss because it is a dispositive motion within the meaning of Rule 12-I(a).

7. REQUEST FOR ORAL ARGUMENT

Pursuant to Super. Ct. Civ. R. 12-I(h), Defendant requests oral argument on this Motion by endorsing "Oral Hearing Requested" above counsel's signature. Oral argument is appropriate because it will assist the Court in resolving the jurisdictional and pleading issues presented.

Oral Hearing Requested.

8. 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 Attachment A.

9. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on [Date], a true and correct copy of the foregoing Motion to Dismiss, Memorandum of Law, Statement of Points and Authorities, Proposed Order, and all supporting documents were served via [eFileDC / e-service / first-class mail] upon the following counsel of record:

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

______________________________
[Attorney Name]
[D.C. Bar No. ________________]

ATTACHMENT A — PROPOSED ORDER

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

Upon consideration of Defendant's Motion to Dismiss, any opposition thereto, the entire record herein, and for good cause shown, it is this ______ day of ________________, 20____,

ORDERED that Defendant's Motion is GRANTED; and it is further

ORDERED that the Complaint is DISMISSED [WITH/WITHOUT] PREJUDICE.

______________________________
Judge, Superior Court of the District of Columbia

Copies to: All counsel of record via eFileDC.