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Case 2:10-cv-00636-RLH-RJJ Document 8 Filed 06/02/10 Page 1 of 3

Louis Stefanos, Esq.


Texas State Bar No. 24070674

Shezad Malik, Esq.


Texas State Bar No. 24053337
Dr Shezad Malik Law Firm
175 Miron Drive
Southlake, Texas 76092
(888) 210-9693
(888) 210-9693 (Fax)
ATTORNEYS FOR DEFENDANT

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF NEVADA

RIGHTHAVEN LLC, a Nevada limited- § Civil Action No. 2-10-cv-0636


liability company, §
§
Plaintiff, § DEFENDANT'S MOTION TO
§ DISMISS FOR LACK OF SUBJECT MATTER
§ JURISDICTION AND LACK OF
§ PERSONAL JURISDICTION
vs. §
§
Dr Shezad Malik Law Firm P.C., a Texas §
§
Domestic for-profit corporation, §
§
Defendant. §

Comes now Defendant Dr Shezad Malik Law Firm P.C., and, before the filing of any other plea,
pleading or motion, files this its Motion to Dismiss for Lack of Subject Matter Jurisdiction and Lack of
Personal Jurisdiction, and would respectfully show the Court as follows:

Statement of Compliance With Local Rule IA-10-2


Counsel for Dr Shezad Malik Law Firm P.C., Louis Stefanos, will comply with Local Rule IA-
10-2 within 45 days of the filing of this Motion, as required by LRIA 10-2(e). Defendant has filed,
contemporaneously with the filing of this Motion, a separate Memorandum of Points and Authorities in
support of this Motion, which is incorporated herein.

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Case 2:10-cv-00636-RLH-RJJ Document 8 Filed 06/02/10 Page 2 of 3

Motion to Dismiss Under Rule 12(b)(2)


Defendant moves this Court to dismiss this case under F.R.C.P. Rule 12(b)(2) as Defendant is a
non-resident of Nevada with insufficient contacts with Nevada to justify the exercise of the Court's
jurisdiction over the Defendant's corporate body or property. Defendant is a Texas corporation with no
office in Nevada and no Nevada employees. Moreover, Defendant has conducted no business in
Nevada. Defendant has neither directly targeted any website to Nevada, knowingly conducted any
business with Nevada residents through any website or formed sufficient contacts of any kind with
Nevada to justify being haled into Court in Nevada. Moreover, the exercise of jurisdiction over
Defendant in Nevada would offend traditional notions of fair play and substantial justice. For these
reasons, Defendant moves this Court to dismiss this case.

Motion to Dismiss Under Rule 12(b)(6)


Defendant further moves this Court to dismiss this case against Defendant as Plaintiff has failed
to demonstrate that it has standing to bring this lawsuit. Specifically, Plaintiff has not demonstrated that
it owned a copyright in material capable of being copyrighted at the time of the alleged infringement.
As such, Plaintiff is without standing to bring the claims alleged in this suit.

Evidence in Support of this Motion


Defendant attaches as evidence in support of this Motion the Declaration of Shezad Malik,
attached hereto as Exhibit A.

Respectfully submitted,

Dr Shezad Malik Law Firm P.C.

/s/ Louis Stefanos


Louis Stefanos, Esq.
Texas State Bar No. 24070674

/s/ Shezad Malik


Shezad Malik, Esq.
Texas State Bar No. 24053337

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Case 2:10-cv-00636-RLH-RJJ Document 8 Filed 06/02/10 Page 3 of 3

Dr Shezad Malik Law Firm

175 Miron Drive


Southlake, Texas 76092
(888) 210-9693
(888) 210-9693 (Fax)

ATTORNEYS FOR
DEFENDANT

CERTIFICATE OF SERVICE

On the 2nd day of June 2010, I electronically submitted the foregoing document with
the Clerk of the Court for the U.S. District Court, District of Nevada, using the electronic case
filing system of the Court. I hereby certify that I have served all counsel of record
electronically or by another manner authorized by Federal Rule of Civil Procedure 5(b)(2).

/s/ Louis Stefanos