Cargill, Incorporated et al v. HF Chlor-Alkali, LlcMOTION to Dismiss/GeneralD. Minn.August 29, 2016 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Cargill, Inc. and Cargill Financial Services International, Inc., Plaintiffs, v. HF Chlor-Alkali, LLC, Defendants, v. U.S. Bank National Association, and U.S. Bancorp, Third-Party Defendants. Court File No. 16-cv-2506 DSD/JSM THIRD-PARTY DEFENDANTS US BANK AND U.S. BANCORP’S MOTION TO DISMISS MOTION TO DISMISS Pursuant to Federal Rule of Civil Procedure 12(b), Third-Party Defendants U.S. Bank National Association and U.S. Bancorp hereby move to dismiss HF Chlor-Alkali’s Third-Party Complaint with prejudice. As discussed in more detail in the forthcoming Memorandum of Law in Support of Third-Party Defendats’ Motion to Dismiss, Third- Party Defendants are entitled to dismissal because the Third-Party Complaint fails to state a claim upon which relief can be granted. The motion is based on the accompanying memorandum; the complete files and records in these actions, including HF Chlor-Alkali’s Third-Party Complaint and attached exhibits; documents necessarily embraced by the pleadings; oral argument of counsel; and such other and further matters as this Court may consider under Rule 12(b). CASE 0:16-cv-02506-DSD-JSM Document 46 Filed 08/29/16 Page 1 of 2 2 Dated: August 29, 2016 FOX ROTHSCHILD LLP By: s/ Peter D. Stiteler Christine N. Lindblad (#0277666) Peter D. Stiteler (#0393085) Campbell Mithun Tower - Suite 2000 222 South Ninth Street Minneapolis, Minnesota 55402-3338 Telephone: 612-607-7000 Facsimile: 612-607-7100 Email: clindblad@foxrothschild.com pstiteler@foxrothschild.com ATTORNEYS FOR THIRD-PARTY DEFENDANTS U.S. BANK NATIONAL ASSOCIATION AND U.S. BANCORP CASE 0:16-cv-02506-DSD-JSM Document 46 Filed 08/29/16 Page 2 of 2
