Case 3:10-cv-00546-L Document 6

Filed 05/27/10

Page 1 of 3 PageID 28

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MICHAEL RIDDLE Plaintiff, v. DYNCORP INTERNATIONAL INC., MARK RAY, AIMAN K. ZUREIKAT AND RICHARD C. CASHON Defendants. § § § § § CIVIL ACTION NO. 3:10-cv-00546-L § § § § § §

DEFENDANTS' MOTION TO DISMISS

TO THE HONORABLE UNITED STATES DISTRICT COURT JUDGE: Pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendants DynCorp International Inc., Aiman K. Zureikat and Richard C. Cashon (collectively, "Defendants"), file this, their Motion to Dismiss, and in support thereof show the Court the following: I. BACKGROUND On March 18, 2010, Plaintiff Michael Riddle ("Plaintiff") filed this lawsuit alleging that Defendants retaliated against him by terminating his employment on September 21, 2009, in violation of 31 U.S.C. §3730(h). (Plaintiff's Original Complaint, pages 3 and 11, ¶¶ 12 and 62) II. GROUNDS FOR DISMISSAL UNDER RULE 12(B)(6) Defendants respectfully move to dismiss Plaintiff's Original Complaint in its entirety under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief may be granted. Specifically, Plaintiff's sole claim against Defendants, a False Claims Act retaliation claim brought pursuant to 31 U.S.C. §3730(h), is barred by the 90 day statute of limitations

DALLAS\415075.3

Case 3:10-cv-00546-L Document 6

Filed 05/27/10

Page 2 of 3 PageID 29

applicable to that claim. The grounds for dismissal are set out more fully, with argument and authorities, in Defendants' Brief in Support of Motion to Dismiss, filed concurrently with this Motion. Based on the foregoing and on Defendants' Brief in Support of Motion to Dismiss, Defendants are entitled to dismissal of the single claim asserted against Defendants by Plaintiff in his Original Complaint. III. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendants respectfully request that Plaintiff's entire Original Complaint be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6), and that they be awarded their costs, and such other further relief to which they may be justly entitled. Respectfully submitted,

/s/Robert E. Sheeder_____ Robert E. Sheeder State Bar No. 18174300 Bracewell & Giuliani LLP 1445 Ross Avenue, Suite 3800 Dallas, Texas 75202-2711 Telephone: (214) 468-3800 Telecopy: (214) 468-3888 ATTORNEY FOR DEFENDANTS

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Case 3:10-cv-00546-L Document 6

Filed 05/27/10

Page 3 of 3 PageID 30

CERTIFICATE OF SERVICE I hereby certify that on May 27, 2010, a copy of the foregoing document was electronically filed. Notice of this filing will be sent to counsel of record for all parties by operation of the Court’s Electronic Filing System.

/s/Robert E. Sheeder

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