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Docket Item 8

Filed on 26-Mar-2010, docket item 8 in the case of Sollars v. Reid et al. is the Defendants' Motion to Dismiss. On 02-Apr-2010, this motion was Denied as Moot without Prejudice.

Transcript

The original document is archived and a transcript appears below.

1

United States Senators Harry Reid, Bernie Sanders, Mary Landrieu, Ben Nelson, Patrick Leahy, Christopher Dodd, Max Baucus, and Bill Nelson (collectively the “Senate Defendants”), by and through undersigned counsel1), hereby respectfully move this Court, pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), and (6), to dismiss plaintiff’s amended complaint. As set forth in detail in the accompanying memorandum in support of this motion, plaintiff’s amended complaint should be dismissed on the following grounds: (1) plaintiff lacks standing; (2) plaintiff’s claims are barred by the Speech or Debate Clause of the Constitution, Art. I, § 6, cl. 1; (3) the Court lacks personal jurisdiction over the Senate Defendants and venue is improper; and (4) the complaint fails to state a claim upon which relief can be granted.

2

For these reasons, the Senate Defendants respectfully request that the Court dismiss plaintiff’s amended complaint with prejudice.

1) The appearance of undersigned counsel is pursuant to section 288l(b) of title 2 of the United States Code, which provides that: “The [Senate Legal] Counsel, the Deputy Counsel, or any designated Assistant Counsel . . . shall be entitled, for the purpose of performing his functions under this chapter, to enter an appearance in any proceeding before any court of the United States or of a State or political subdivision thereof without compliance with any requirement for admission to practice before such court . . . .”