BRETT KIMBERLIN, Plaintiff v. Case No. PWG 13-3059 NATIONAL BLOGGERS CLUB, et al., Defendants DEFENDANT
Defendant Aaron J. Walker, Esq. moves to dismiss the Plaintiff’s Complaint and First Amended Complaint with prejudice. The Plaintiff has asserted claims that the Defendants have violated federal law under this court’s original jurisdiction and claims that the Defendants have violated state law under this court’s supplemental jurisdiction under 28 U.S.C. §1367(a). The federal claims should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Meanwhile, the state claims should be dismissed either pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject-matter jurisdiction or pursuant to Federal Rule of Civil Procedure 12(b)(6). The reasons for this Motion are more fully set out in the accompanying Memorandum of Points and Authorities in Support.